Sarvesh Das v. The State Of Bihar

Patna High Court Cr.Misc. No.5323 of 2015 (3) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5323 of 2015 Arising Out of PS.Case No. -187 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Sarvesh Das Son of Deep Narayan Das R/o Village - Madhopur Sultan, P.S- Runnisaidpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 187 of 2013 registered for the offence punishable under Sections 384, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, through mobile nos. 988750349 and 9708204506 demand of ransom was made and thereafter, when the informant was at his medicines shop, he was shot at by one unknown miscreant and later on he succumbed to the injuries. Submission is that the petitioner is not related with the two mobiles. During investigation Deoki Sah has confessed his guilt and on that basis the petitioner has been dragged in this case

Patna High Court Cr.Misc. No.5323 of 2015 (3) dt.04-03-2015 and that Deoki Sah along with Asharif Sah have been allowed bail by another Bench of this Court vide order dated 21.2.2014 passed in Cr. Misc. No. 49552 of 2013 and further similarly situated coaccused Ranjeet Sah has also been allowed bail vide order dated 7.3.2014 passed in Cr. Misc. No. 53392 of 2013 and as such the petitioner deserves sympathetic consideration to which the learned APP opposes.

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, Sitamarhi in connection with Runnisaidpur P.S. Case No. 187 of 2013, 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