Sadre Alam @ Sadre Aalam @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2237 of 2018 Arising Out of PS.Case No. -192 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sadre Alam @ Sadre Aalam @ Munna S/o Sabir @ Sheikh Sabir Ahmand, R/o Village- Sabeya (Jogia) , P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is the 3rd round of litigation as petitioner had moved twice earlier along with three other co-accused before this Court in Cr. Misc. No. 45337 of 2016 and Cr. Misc. No. 23298 of 2017 but both were rejected vide order dated 26.11.2016 and 05.07.2017.
Petitioner is languishing in judicial custody since 19.08.2016 in connection with Sessions Trial No. 306 of 2017 arising out of Ramnagar P.S. Case No. 192 of 2016 for offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and
Patna High Court Cr.Misc. No.2237 of 2018 (2) dt.17-01-2018 2/3 subsequently Section 302 of the Indian Penal Code added. The prosecution case, as lodged by the informant, is that while three persons including the petitioner tried to outrage the modesty of one Johri Begum, the father-in-law S.K. Anwarul objected who was assaulted by fists and slaps along with other coaccused who later on succumbed to the injury. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the deceased was an old man who died a natural death and that the petitioner undertakes to co-operate in the trial on day to day basis. It is further submitted that some of the accused have been granted the privilege of bail by this Court in Cr. Misc. No. 56701 of 2017 on 22.11.2017, Cr. Misc. No. 61790 of 2017 on 20.12.2017 and Cr. Misc. No. 383 of 2018 on 10.01.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record as well as the undertaking, let petitioner, above named, 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 learned 2nd Additional Sessions Judge,
Patna High Court Cr.Misc. No.2237 of 2018 (2) dt.17-01-2018 3/3 Bagaha, District-West Champaran in connection with Sessions Trial No. 306 of 2017 arising out of Ramnagar P.S. Case No. 192 of 2016, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T