Patna High CourtCR. MISC./35289/2016bail granted

Shambhu Sao v. The State Of Bihar

2016-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35289 of 2016 Arising Out of PS.Case No. -54 Year- 2008 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Shambhu Sao Son of Kamta Sao, Resident of Village- Ashni, Police Station- Guraru, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 436, 427 of the I.P.C., Section 27 of the Arms Act as well as Sections 3⁄4 of the Explosive Substance Act and Section 17 of the C.L.A. Act. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant received telephonic message that an airtel tower has been blasted by the extremists of M.C.C. and on that information the informant along with police force went at the P.O. and had seen unlimited firing and the generator pump and battery etc. had been burnt by the miscreants. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2015 and the charge sheet

Patna High Court Cr.Misc. No.35289 of 2016 (3) dt.21-10-2016 2/2 has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Except for the confessional statement of the co-accused there is no other substantive material against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.K. Choudhary, S.D.J.M., Sherghati, District Gaya in connection with Raushanganj P.S. case No.54 of 2008 (G.R. No.890 of 2008). (Sudhir Singh, J) Narendra/- U T