Gandori Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9570 of 2025 Arising Out of PS. Case No.-320 Year-2017 Thana- BAKHARI District- Begusarai ====================================================== Gandori sada S/O Durga Sada R/O Village- Rauta Musahari, P.S- Bakhari, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhari P.S. Case No. 320 of 2017 dated 22.12.2017 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 504, 506, 307, 384, 385, 387, 379 and 427 of the Indian Penal Code.

3. As per the prosecution case, on 19.12.2017, when the informant along with his other associates went to sow seeds in his field then all the accused persons including the petitioner forming an unlawful assembly and armed with deadly weapons came and started abusing them and asked without giving rangdari, how they came to sow seed in the field. They also

Patna High Court CR. MISC. No.9570 of 2025(3) dt.04-03-2025 2/3 restrained the driver of the tractor namely Ramjapo Yadav on the threat of weapons. It is further alleged that they damaged the tractor and took Rs. 450/- from Ramjapo Yadav. The co-accused Mangal Sada, Shankar Sada, Ramesh Sada, Gopal Sada, Nandlal Sada, Arjun Sada and Dhanik Sada tried to kill him by putting towel around his neck and also assaulted him with sharp cutting weapon. On protest made by Dinesh Sada and Shahbaj Alam, the co-accused, Rajkumar Sada assaulted Shahbaj Alam with butt of pistol and injured him and took Rs. 5000/- and one mobile. They also took Rs. 1100/- from Dinesh Sada. Accused, Gandori Sada (petitioner), Arbind Sada, Rajkumar Sada, Madan Sada looted the seeds and manures. Thereafter, the accused persons left the place of occurrence threatening them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the injuries sustained by the injured persons are simple in nature which is apparent from the impugned order itself. Learned counsel has further submitted that the petitioner has no concern with the alleged

Patna High Court CR. MISC. No.9570 of 2025(3) dt.04-03-2025 3/3 offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bakhari P.S. Case No. 320 of 2017.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T