Binod Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20424 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== 1.

Binod Sada S/o Misri Sada 2.

Manohar Sada S/o Jagdish Sada 3.

Lal Sada S/o Late Sattan Sada 4.

Sukhdeo Sada S/o Late Adhik Sada 5.

Kailash Sada S/o Lodhai Sada 6.

Sukarati Sada S/o Rajo Sada All resident of village- Bochghaska, P.S.- Morkahi, District- Khagaria ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ranjeet Kumar Singh, Adv.

For the State :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-10-2020 Defect as pointed out by the office has not been removed as yet. However, learned counsel of the petitioners undertakes that he will remove the defects within two weeks from the date when the court starts normal function. Learned counsel of the petitioners is permitted to do so.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

Patna High Court CR. MISC. No.20424 of 2020(3) dt.16-10-2020 2/3 Petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 141 of 2019 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act.

Petitioner no. 1 is said to have opened fire causing firearm injury to informant whereas other co-accused Misri Sada assaulted the injured by means of lathi. So far as remaining petitioners are concerned, no overt-act has been attributed against them. Petitioners do not have any criminal antecedent and alleged occurrence is said to have taken place due to land dispute.

Considering the aforesaid facts and circumstances as well as submissions of the parties, prayer for anticipatory bail of petitioner no. 1, namely, Binod Sada stands rejected. So far as remaining petitioners, namely, Manohar Sada, Lal Sada, Sukhdeo Sada, Kailash Sada and Sukarati Sada are concerned, it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Khagaria in

Patna High Court CR. MISC. No.20424 of 2020(3) dt.16-10-2020 3/3 Morkahi P.S. Case No. 141 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T