Bonu Sada @ Baunu Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44681 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -NIMACHANDPUR District- BEGUSARAI ======================================================
1. Bonu Sada @ Baunu Sada, Son of Late Sitaram Sada, Resident of Village- Kushmahout, P.S.- Neema Chanpura, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.K. Lal For the Opposite Party/s : Mr. Sri A. K Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Neema Chandpura PS case no. 71 of 2015 for the offence under Sections 307, 302 and other sections of the Indian Penal Code and 27 of Arms Act.
It is submitted on behalf of petitioner that only allegation against the petitioner is that while police was taking him, the accused persons attacked on the police party and one Jawan is killed and except that, there is no allegation against this petitioner. Similarly situated co-accused have already been granted bail by this Hon'ble Court in Cr.Misc. no. 18404 of 2016, Cr.Misc. no. 20263 of 2016, Cr.Misc. no. 22606 of 2016,
Patna High Court Cr.Misc. No.44681 of 2016 (6) dt.17-01-2017 2/2 Cr.Misc. no. 15210 of 2016, Cr.Misc. no. 29589 of 2016 and Cr.Misc. no. 23503 of 2016. It is further submitted that petitioner is in custody for more than one year.
Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and submitted that petitioner is also accused in four other cases.
Having heard both sides. In view of the fact that petitioner has criminal antecedent, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage. However, lower court is directed to commit the case to the court of Sessions (if not committed) and learned trial court will expedite the trial and take steps for framing of charge. Once the charge is framed, petitioner is at liberty to move for bail before this court. With these observations, this bail application is dismissed.
(Vinod Kumar Sinha, J.) rinkee/- U T