Arun Saday @ Arun Sadai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50120 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Arun Saday @ Arun Sadai Son of Tanuk Saday Village - Sijauliya, P.S. - Phulparas, District - Madhubani. .... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Soni Shrivastava, Adv. For the Opposite Party/s : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Phulparas P.S. Case No. 08 of 2015 for the offences punishable under Sections 341, 323, 353, 332, 379, 386, 427, 354, 448, 506, 504/34 of the Indian Penal Code.
Allegedly, the petitioner and co-accused named in the F.I.R. along with 10-12 unknown persons came in the school premises, damaged the bicycle of the students and motorcycle of
Patna High Court Cr.Misc. No.50120 of 2015 (2) dt.15-12-2015 2 / 3 the teacher by Magic bearing No. BR07P-8974 and on protest went away and again came back armed with lathi, danda and rod and assaulted teacher and students and further snatched gold chain from teacher and damaged the chairs, benches, wiring and some documents of the school.
Submission is of false implication and that this case is counter-blast of Complaint case filed by the petitioner bearing Complaint Case No. 25 of 2015. The petitioner is working as Vikash Mitra and is salaried employee, he is in custody since 11.08.2015. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail.
In the facts and circumstances stated above, considering the allegation and detention of the petitioner at this stage now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Madhubani arising out of Phulparas P.S. Case No. 08 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the
Patna High Court Cr.Misc. No.50120 of 2015 (2) dt.15-12-2015 3 / 3 default on two consecutive dates on his part without any reasons shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Rajiv/- U T