Sadav @ Sadam Nat @ Saidab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11166 of 2016 Arising Out of PS.Case No. -32 Year- 2014 Thana -BODHGAYA District- GAYA ======================================================
1. SADAV @ SADAM NAT @ SAIDAB S/o- Late Noor Mohammad, R/vMakanpur, P.S.- Bilhaur, Distt.- Kanpur (U.P.) .. .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Bodh Gaya P.S. Case No. 32 of 2014, G.R. No. 680 of 2014, S.T. No. 18 of 2016 registered for the offence punishable under Section 396 of the Indian Penal Code.
Allegedly, 5-6 unknown miscreants committed dacoity in the house of the informant and three persons were killed whereas, the informant was injured. During investigation, the name of the petitioner transpired, on the basis of report submitted by Incharge Technical Cell and thereafter, the petitioner was remanded in this case from Kotwali Fatehpur (U.P.) P.S. Case No. 223 of 2014 under Section 395 I.P.C..
Submission is of false implication and that there is no legal and tangible material against the petitioner, the petitioner is in custody since 12.03.2015 but he has not been put on TIP,
Patna High Court Cr.Misc. No.11166 of 2016 (3) dt.28-04-2016 2/2 nothing has been recovered from conscious possession of the petitioner and during investigation, the matter of love affair has come but without any basis the petitioner has been remanded in this case and chargesheet has also been submitted. The learned A.P.P. opposes the prayer of bail by submitting that three persons were killed and one was injured in course of dacoity.
In the facts and circumstances stated above, 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 Additional Sessions Judge-VII, Gaya in connection with Bodh Gaya P.S. Case No. 32 of 2014, G.R. No. 680 of 2014, Sessions Trial No. 18 of 2016 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 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