Bihari Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48888 of 2014 Arising Out of PS.Case No. -54 Year- 2008 Thana -ROSHANGAANJ District- GAYA ====================================================== Bihari Sao son of Late Barho Sao, resident of village - Dhangai, Police Station - Barachatti, District - Gaya (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Roushanganj P.S. Case No. 54 of 2008 registered for offences under sections 147, 148, 149, 436, 427 of the Indian Penal Code, section 27 of the Arms Act, section 3/4 of the Explosive Substance Act and section 17 of the Criminal Law Amendment Act.

Allegation has been made against the petitioner of blowing up the mobile tower along with other accused person. Allegation has been made that the petitioner is an associate of MCC, is involved in commission of such type of extremist work and altogether 18 cases are over his head.

Patna High Court Cr.Misc. No.48888 of 2014 (2) dt.20-02-2015 2/2 The counsel for the petitioner submits that the petitioner has been enlarged on bail in all the cases except in the present case and he has been remanded in the present case on 27th August 2014.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Nitesh Kumar, Judicial Magistrate, Sherghati, Gaya in connection with Roushanganj P.S. Case No. 54 of 2008, subject to the condition that (i) one of the bailors shall be wife/mother of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T