Kishore Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78454 of 2018 Arising Out of PS. Case No.-29 Year-2016 Thana- KASMA District- Aurangabad ====================================================== Kishore Sao Son of Sitaram Saw Resident of Village-Kaithi,P.S. Aanti,Distt.- Gaya ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kasma P.S. Case No. 29 of 2016 registered for the offence punishable under Sections 147/148/149/341/386/387/435/427/353/504/506 of the Indian Penal Code and Section 17 of the C.L.A Act.

Informant has alleged that on 21.07.2016 in the night about 10.30 p.m., about 30 to 35 criminals armed with sophisticated weapons came, who had concealed their face, and set on fire the machines kept there and went away raising slogans in support of MCC.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion and is not involved in any extremist activity. Similarly, situated co-accused persons have been granted bail by

Patna High Court Cr.Misc. No.78454 of 2018(2) dt.29-01-2019 2/2 this Court as contained in Annexure 2 series. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kasma P.S. Case No. 29 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T