Siyaram Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22829 of 2016 Arising Out of PS.Case No. -5 Year- 2008 Thana -MAHISI District- SAHARSA ====================================================== Siyaram Choudhary Son of lat Jangal Choudhary Resident of VillageBihana, PS Mahishi, District Saharsa. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate For the Opposite Party : Mr. Ram Sumiran Roy(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody in connection with Mahishi P.S. Case No. 05 of 2008 for the offences instituted under Sections 147, 148, 353, 307 of the Indian Penal Code and Section 27 of the Arms Act.
There is allegation against the petitioner is that he along with other co-accused had accommodate themselves to commit crime in the house of Lochan Sada, but in the meantime police party reached there then the accused persons including the petitioner fled away after indiscriminate firing. It has been submitted on behalf of the petitioner that petitioner is in custody since 26.09.2015. Charge sheet has been
Patna High Court Cr.Misc. No.22829 of 2016 (2) dt.03-08-2016 2/2 submitted in this case. There is no allegation of tampering of the witnesses against the petitioner. Petitioner is not named in the F.I.R. He has falsely been implicated in the present case. No one is said to have been injured in course of alleged occurrence. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Saharsa, in connection with Mahishi P.S. Case No. 05 of 2008. (Sudhir Singh, J.) Rajiv/- U T