Naresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9235 of 2015 Arising Out of PS.Case No. -29 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Naresh Das, son of Jailal Das, resident of village- Subhaigarh, P.S.- Runni Saidpur, District- Sitamarhi .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajan, Advocate For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 144, 148, 149, 326, 307, 302, 120B and 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of Criminal Law Amendment Act. It is submitted that the FIR was lodged against unknown. During investigation, the name of the petitioner has appeared as the co-accused. It is further submitted that during investigation, it has come to light that it is Pappu Khan, who has shot fire causing injury to the deceased Kamleshwar Yadav and the name of the petitioner and seven others has appeared to have accompanied him. It is further submitted that the post mortem examination report shows that there is only one fire shot injury and the deceased died due to septicemia. It is further submitted that in

Patna High Court Cr.Misc. No.9235 of 2015 (3) dt.22-04-2015 2/2 similar facts and circumstances, the co-accused Sanjay Sahni has been granted bail vide Cr. Misc. No.16727/2014. The learned counsel for the State submits that the petitioner has also criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sitamarhi/court concerned in Runni Saidpur P.S. Case No.29 of 2013 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T