Shambhu Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17771 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shambhu Sada Son of Saryug Sada Resident of Village - Dahiya, Ward No.4, P.S.- Angar Ghat, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioner is languishing in custody for the offences punishable under Sections 232/233/353/307/34 of the Indian Penal Code and Section 25(1-b)a/27/35 of the Arms Act. Three persons on a motorcycle allegedly fired at the police party. However, no injury was caused to anyone. Though three persons were apprehended by the police. From possession of the petitioner a loaded country-made pistol was recovered. No live cartridge was there. Other recoveries are from possession of other co-accused. The petitioner has got no criminal antecedent. Investigation of the case is already complete.

Patna High Court CR. MISC. No.17771 of 2021(2) dt.09-08-2021 2/2 Submission is that due to local politics the petitioner has been falsely implicated at the instance of Chaukidar. The petitioner is in custody since 07.04.2020.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.157 of 2020, arising out of Bibhutipur P.S. Case No. 83 of 2020 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T