Ladle @ Ladle Driver @ Shah Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8836 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -PUPRI District- SITAMARHI ======================================================

1. LADLE @ LADLE DRIVER @ SHAH ALAM Son of Shabber, Resident of Village - Bachharpur, Police Station - Pupri, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pupri P.S. Case No. 210 of 2015 (G.R. No. 826/2015) registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the informant Aftab Hussain with fighter, which he was wearing in his palm, other co-accused assaulted with fat, slap and danda and co-accused Irshad and Saddam assaulted with knife causing serious injury and further other co-accused snatched Rs. 5,000/- from his pocket.

Patna High Court Cr.Misc. No.8836 of 2016 (3) dt.22-04-2016 2/3 Submission is of false implication due to dirty village politics, there is no specific allegation against the petitioner, F.I.R has been lodged after delay without any explanation and the petitioner is suffering in custody since 02.12.2015, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail by submitting that against the petitioner there is specific allegation for assaulting the informant with fighter due to non-fulfillment of demand of ransom.

In the facts and circumstances stated above, considering the detention of the petitioner and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sitamarhi in connection with Pupri P.S. Case No. 210 of 2015(G.R. No. 826/2015) subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and

Patna High Court Cr.Misc. No.8836 of 2016 (3) dt.22-04-2016 3/3 every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T