Sonu Sakra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48461 of 2015 Arising Out of PS.Case No. -188 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================
1. Sonu Sakra Son of Abbas Mirzan Resident of village - Abgila, P.S. Muffasil, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Kotwali P.S. Case No. 188 of 2015 registered for the offences punishable under Sections 341, 307, 504, 286/34 of the Indian Penal Code and Section 3 of Explosive Substance Act. Allegedly, the petitioner and other FIR named accused persons started abusing the informant and caused threats to kill him by hurling bomb and then the informant started fleeing away and as soon as he reached near the lane of Bank of Baroda, co-accused Md. Kamal with intention to kill hurled bomb but luckily the informant was saved and the petitioner and coaccused Md. Kamal showing pistol fled away. It is alleged that the
accused persons are associates of veteran criminal Rinku Miyan and Guddu Tiwary and the petitioner has been recently released from a murder case.
Submission is of false implication and that against the petitioner there is no allegation for committing any overt act and the learned court below rejected the prayer of bail only taking into consideration that the petitioner is involved in other cases also, but the petitioner is on bail in those cases and the petitioner is suffering in custody since 14.08.2015 as such he deserves sympathetic consideration to which the learned APP fairly submits that against the petitioner there is no allegation of committing any overt act.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 188 of 2015, subject to the conditions that one of the bailors must be a 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 default on two consecutive dates on
his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T