Patna High CourtCR. MISC./48406/2017bail granted

Sajid Ali @ Chunnu v. The State Of Bihar

2017-10-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48406 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -PANCHRUKHI District- SIWAN ====================================================== Sajid Ali @ Chunnu, Son of Anwar Ali, Resident of Village- Baishakhi Hata, P.S.- Sarai O.P., District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate. For the Opposite Party/s : Mr. Ram Sumiran Roy, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 467 of 2017 arising out of Pachrukhi P.S. Case No. 19 of 2017 registered under Sections 413, 414, 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

A loaded pistol, two mobile phones and a Hero Honda Pro motorcycle are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner was neither arrested at the spot nor any incriminating article has been recovered from his possession. Due

Patna High Court Cr.Misc. No.48406 of 2017 (2) dt.11-10-2017 2/2 to highhandedness of the police, the petitioner has been falsely implicated in the case. The petitioner has been languishing in custody since 28.02.2017. Earlier bail prayer of the petitioner was rejected by this court vide order dated 03.07.2017 passed in Cr. Misc. No. 29033 of 2017. Now the charge against the petitioner has been framed on 21.08.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Siwan in connection with Sessions Trial No. 467 of 2017 arising out of Pachrukhi P.S. Case No. 19 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T