Sarmad Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35001 of 2017 Arising Out of PS.Case No. -68 Year- 2009 Thana -SHERGHATI District- GAYA ====================================================== Sarmad Mian Son of Samsu Mian, R/o Uttarbari Mohalla, Sherghatti, P.S.- Sherghatti, Dsitrict- Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Smt. Sahin Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Sherghatti P.S. Case No. 68 of 2009 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 354 of the Indian Penal Code, seeks the privilege of prearrest bail. The allegation against the petitioner in the First Information Report is that he was also present at the time of occurrence when co-accused Kallu Mian gave knife blow upon the informant.
Submission is of false implication that the Police after completing investigation did not sent up the petitioner for trial and he was not chargesheeted but differing with the findings of the Police, cognizance has been taken. The petitioner has got no
Patna High Court Cr.Misc. No.35001 of 2017 (2) dt.10-08-2017 2/2 knowledge about the same. Other co-accused have been acquitted by the learned lower court vide Sessions Trial No. 23/11/101/11 by judgment dated 26.05.2015 and, as such, the petitioner also deserves sympathetic consideration.
The learned A.P.P. fairly submits that the petitioner was not sent up for trial.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghatti, Gaya in connection with Sherghatti P.S. Case No. 68 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J) Vats/- U T