Bhadra Lal Rai @ Bhodu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.55703 of 2015 (3) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55703 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -KADWA District- KATIHAR ======================================================

1. Bhadra Lal Rai @ Bhodu Rai, S/o Late Arup Lal Rai, Resident of Village- Jagdishpur, P.S.- Karan Dighi (Dal Kola), District- Uttar Dinajpur (West Bengal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kadwa (Balia Belon) P.S. Case No. 183 of 2014 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Sections 3⁄4 of Explosive Substance Act.

The petitioner is not named in the FIR, his name has come in the confessional statement of co-accused Md. Jamil Akhtar, the petitioner is in custody since 04.02.2015 but he has not been put on test identification parade.

Submission is that co-accused Md. Jamil Akhtar, Abdul Khalique @ Sohel, Md. Tanweer Alam and Md. Ansar have been

Patna High Court Cr.Misc. No.55703 of 2015 (3) dt.09-02-2016 allowed bail by another co-ordinate Benches of this Court and the petitioner is suffering in custody since 04.02.2015 to which learned APP does not dispute.

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 3rd Additional Sessions Judge, Katihar in Sessions Trial No. 199 of 2015 arising out of Kadwa (Balia Belon) P.S. Case No. 183 of 2014, 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