Chhathu Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27447 of 2019 Arising Out of PS. Case No.-213 Year-2011 Thana- BALIYA District- Begusarai ====================================================== Chhathu Sada Son of Sitaram Sada Resident of Village - Kushmahaut, P.S.- Nima Chandpura, at present Resident of Village - Gyan Tol, Majhanpur, P.S.- Balia, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Balia P. S. Case No. 213 of 20111 dated 28.12.2011 instituted for the offences under Sections 147, 148, 149, 379 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner and another

Patna High Court CR. MISC. No.27447 of 2019(4) dt.17-08-2019 2/3 accused persons is of killing the brother and nephew of the informant.

It has been submitted on behalf of the petitioner that because of the land dispute between the parties, he has been falsely implicated in this case.

The other ground for seeking bail is that the deceased is a person of criminal antecedents, who was involved in many serious offences, including murder of a relative of a high government official and was also involved in the jail break incident of Begusarai district jail. Lastly, it has been submitted that during the further investigation in this case, it has been found that some other accused persons also have fired at the deceased, leading to their death.

From the records, it appears that the charge-sheet in this case was submitted by showing that the petitioner was an absconder.

The petitioner is in custody since 03.07.2018. Regard being had to the fact that the petitioner and another are said to have killed two persons and that at

Patna High Court CR. MISC. No.27447 of 2019(4) dt.17-08-2019 3/3 the time of submission of charge-sheet, petitioner had been absconding and he surrendered to the process of law in this case only on 03.07.2018, I am not inclined to grant bail to the petitioner for the present.

The prayer is rejected.

(Ashutosh Kumar, J) skm/- U