Suresh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.59914 of 2017 (2) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59914 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -SONO District- JAMUI ====================================================== Suresh Sah, Son of late Tulshi Sah, resident Budhiya Lapar, P.S. Sono (Charkapathar), Dist. Jamui.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Alok Kumar Mr. Prabhat Ranjan Singh, Advocates.

For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.05.2017 in connection with Sessions Trial No. 440 of 2017 arising out of Sono (Charkapathar) P.S. Case No. 91 of 2017 for the offences alleged under Sections 147, 148, 149, 120B, 121A of the Indian Penal Code, 3 and 4 of the Explosive Substances Act and 16, 17, 18, 19, 20, 21, 22 of the UAP Act.

3. It is submitted that the petitioner has been falsely implicated and in fact he has nothing to do with the alleged occurrence. No incriminating articles have been recovered from his conscious possession. Similarly situated co-accused Anbar Mian has been granted bail by this Court in Cr. Misc. No. 43762 of 2017. Charge sheet has already been submitted and there is no chance of

Patna High Court Cr.Misc. No.59914 of 2017 (2) dt.12-12-2017 tampering with the evidence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Jamui, in connection with Sessions Trial No. 440 of 2017 arising out of Sono (Charkapathar) P.S. Case No. 91 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T