Bablu Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.1850 of 2017 (3) dt.13-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1850 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Bablu Sah, Son of Bindeshwari Sah, resident of village - Maurkahi Tola Nagar Panchayat Bakhari Ward No. 9, P.S. Bakhari, District - Begusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Anish Chandra For the informant : Mr. A.K. Thakur, Advocate Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Nagar P.S. Case No. 337 of 2016 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is not named in the first information report wherein the specific allegation has been made against other co-accused to have killed the husband of the informant. During investigation name of the petitioner transpired that he has given shelter to the shooter and in the confessional statement of Om Lal Kumar Sah the name of the petitioner transpired as well as in the confessional statement of other co-accused.

Patna High Court Cr.Misc. No.1850 of 2017 (3) dt.13-02-2017 Submission is of false implication and that Om Lal Sah in whose confession name of the petitioner has come has already been allowed bail and the petitioner is suffering in custody since 24.08.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner was one of the conspirator and he has given shelter. 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, Begusarai in connection with Begusarai Nagar P.S. Case No. 337 of 2016, 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