Sonam Hansda @ Topa @ Somara Hansda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62250 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -SONO District- JAMUI ======================================================
1. Sonam Hansda @ Topa @ Somara Hansda S/o Babua Hansda, R/o Vill.- Ghotari, P.S.- Sono (Charka Pathar, District- Jamui). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 21.11.2017 passed in Cr. Misc. No. 51016 of 2017 in connection with Sono (Charkapathar) P.S. Case No. 119 of 2017 for the alleged offences under Sections 147, 148, 149, 120(B), 121(A) of the Indian Penal Code, Section 3/4 of the Explosive Substance Act and Sections, 16, 17, 18, 19, 20, 21 and 22 of U.A.P. Act, with observation that petitioner may renew his prayer for bail if the trial is not concluded within a period of nine months.
Allegation against the petitioner is of recovery of one bag containing bomb.
Submission of learned counsel for the petitioner that he has been in judicial custody for more than a year and in
spite of direction of this Court, the trial has not been concluded uptil now and other co-accused from whose possession also bomb was recovered has already been enlarged on bail by a coordinate Bench of this Court vide order dated 02.02.2018 passed in Cr. Misc. No. 61380 of 2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -I, Jamui, in connection with Sono (Charkapathar) P.S. Case No. 119 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his family member and another shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event
of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T