Amit Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13077 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- JADIA District- Supaul ====================================================== AMIT SARDAR Son of Mohar Sardar Resident of Village - Parsahi, P.S.- Kumarkhand, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 324, 448, 379, 307, 504, 506, 427 of the Indian Penal Code and Section- 27 of the Arms Act. The prosecution case, in short, is that in the night, the accused persons having armed with weapon near the house of informant and when the informant woke up and came out of the house, the accused persons fired upon him, as a result of which, the informant sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-09-2018. Charge sheet in this case has already been submitted. The

Patna High Court CR. MISC. No.13077 of 2019(3) dt.11-04-2019 2/2 petitioner has been falsely implicated in the present case. The alleged occurrence is alleged to have taken place in the night. No source of identification has been disclosed by the prosecution. Single fire shot is alleged to have been made by the petitioner. There is case and counter case between the parties. There is land dispute between the parties. It has further been submitted that the petitioner may be released after completion of one year in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of one year in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul in connection with Jadia P.S. Case No. 98 of 2018.

(Sudhir Singh, J) A.K.V.//- U T