Upendra Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.24703 of 2017 (3) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24703 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -ROSHANGAANJ District- GAYA ====================================================== Upendra Sao, son of Rajdeo Sao, resident of Village- Sondaha, P.S.- Bankebazar, Dist- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Roshanganj P.S. Case No. 13 of 2017, registered under Section 414 of the Indian Penal Code and Sections 25(1-B(a), 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended at the spot rather the name of petitioner and nine others have been disclosed by co-accused, Ravindra Yadav and Akhilesh Kumar, who were said to be apprehended by the police with firearms, mobile sets, cash and other objectionable materials. It is further submitted that after apprehending the petitioner in Kasma P.S.

Patna High Court Cr.Misc. No.24703 of 2017 (3) dt.05-07-2017 Case No. 05 of 2017 he has been remanded in the present case on 06.03.2017 since then he is in custody.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya, in connection with Roshanganj P.S. Case No. 13 of 2017. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J) Bhardwaj/- U T