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Patna High CourtCR. MISC./6604/2022bail granted

Sakendra @ Sako @ Nagina Rajwanshi v. The State Of Bihar

2022-05-26Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6604 of 2022 Arising Out of PS. Case No.-93 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== SAKENDRA @ SAKO @ NAGINA RAJWANSHI SON OF RAGHU RAJWANSHI R/O VILLAGE- BENIPUR, P.S.- RUPAO, DISTRICTNAWADA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the stamp reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Chandradeep P.S. Case No. 93 of 2020, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code, Section 27 of the Arms Act and 3⁄4 of Explosive Substance Act.

As per allegation, when brother of the informant was going to his new house, 6 FIR named accused persons intercepted him and co-accused Chhotu Yadav fired shot upon

Patna High Court CR. MISC. No.6604 of 2022(2) dt.26-05-2022 2/3 him. Co-accused Lobendra Yadav inflicted a bomb on the brother of the informant due to which he sustained injuries and died at the spot.

Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. The name of the petitioner has been figured in confessional statement of Pawan Kumar Singh who has been granted bail vide Cr. Misc. No. 16821 of 2021. Other co-accused persons Bibhishan Yadav @ Bibhishan Kumar and Pukari Yadav have also been granted bail vide Cr. Misc. No. 3670 of 2021. The petitioner is under custody since 27.09.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Jamui in connection with Chandradeep P.S. Case No. 93 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in

Patna High Court CR. MISC. No.6604 of 2022(2) dt.26-05-2022 3/3 the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T