Hemant Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23468 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ======================================================

1. Hemant Sada S/o Late Tribeni Sada resident of Village Oriyama, PS.- Dalsingsarai, Distt- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 302 and 394 of the Indian Penal Code. The prosecution story, in brief, is that on 14.10.2015 at about 2.00 p.m. Md.Alam, who was posted as a teacher at Urdu Primary School Darzi Tola, the brother of the informant Md. Mansoor Alam, went to UCO Bank Branch Mansoorchak and withdrawn Rs. 30,000/- for construction work of school building which was going on. After withdrawal of amount he was going to B.R.C. by Honda Shine motor cycle. As soon as he reached near husk shop Karbala, unknown criminals who were sitting there from earlier with planning shot fire the brother of the informant as a result of which he died and the criminals looted away the cash

Patna High Court Cr.Misc. No.23468 of 2016 (4) dt.05-08-2016 2/2 and motor cycle of the brother of the informant. It is submitted on behalf of the petitioner that the petitioner is in custody since 01.12.2015.Charge sheet has already been submitted in this case. There is no allegation of tampering of the witnesses against the petitioner. The petitioner is not named in the FIR. His name has come on the basis of confessional statement of co-accused. The other co-accused, namely, Pravin Thakur @ Pravin Kumar Thakur, has been granted bail on 20.05.2016 vide Cr. Misc. No. 16138of 2016. On behalf of the State, it is submitted that the petitioner is not named in the FIR.

In facts and circumstances of the case, let, above named petitioner, 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 C.J.M., Begusarai in connection with Mansoorchak P.S.Case No. 68 of 2015.

(Sudhir Singh, J) singh/- U T