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Patna High CourtCR. MISC./18404/2016bail granted

Arjun Sada v. The State Of Bihar

2016-06-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18404 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -NIMACHANDPUR District- BEGUSARAI ====================================================== Arjun Sada, S/o Nandu Sada, Resident of Village- Kusmahate, P.S.- Neemachandpura, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Neemachandpura P.S. Case No. 71 of 2015, registered under Sections 147, 148, 149, 307, 302, 323, 353, 333, 224 & 225 of the Indian Penal Code, Section 27 of Arms Act and Section 18/20 of U.A.P. Act, 1967.

The accusation is that informant being the Officerin-Charge of Neemachandpura Police Station moved along with other Police personnel in respect of investigation of Neemachandopura P.S. Case No. 40 of 2014. In that course, he received information about presence of veteran criminal Bino Sada at his house, who was wanted in several cases. Thereafter, informant reached at his house and caught hold him and moved from there on motorcycle. In the way, 100 to 125 people

Patna High Court Cr.Misc. No.18404 of 2016 (4) dt.22-06-2016 2/2 surrounded the motorcycle and succeeded to set free Bino Sada. In that course, informant sustained injury and one constable Surendra Kumar Jaiswal died succumbed to fire arm injury. Learned counsel for the petitioner submits that it would appear from the F.I.R. that name of the petitioner has been disclosed by Chowkidar without any specific overt act. The petitioner having no criminal antecedent is in custody since 28.10.2015. Further submission is that similarly situated 07 coaccused have already been granted privilege of bail by a coordinate Bench of this Court vide order dated 23.05.2016 passed in Criminal Misc. No. 15210 of 2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Kumar, J.M.1st Class, Begusarai in connection with Neemachandpura P.S. Case No.71 of 2015. Out of two sureties, one surety must be the parent/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T