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Patna High CourtCR. MISC./28622/2017bail granted

Sadre Alam v. The State Of Bihar

2017-07-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28622 of 2017 Arising Out of PS.Case No. -771 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sadre Alam, Son of SK. Israil, Resident of Village: Jaisinghpur, Retwa Tola, Police Station- Turkauliya, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Earlier the prayer for bail of the petitioner was rejected by this court but a liberty was given to him to renew his prayer for bail after framing of the charge.

Submission on behalf of the petitioner is that charge has already been framed and the trial has also commenced and moreover, petitioner and two other accused are said to have given farsa blow to deceased. Further submission on behalf of the

Patna High Court Cr.Misc. No.28622 of 2017 (2) dt.12-07-2017 2/2 petitioner is that there is case and counter case between the parties and moreover, the deceased was a hardened criminal. Although, learned counsel appearing for the informant opposed the bail prayer but considering the aforesaid facts as well as observation given by me in my previous order dated 07.12.2016 passed in Cr. Misc. No. 42544 of 2016 and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner 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 7th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 333 of 2017 arising out of Turkauliya P.S. Case No. 771 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T