Hardeo Sada @ Hardev Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28618 of 2019 Arising Out of PS. Case No.-628 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Hardeo Sada @ Hardev Sada Son of Ghuran Sada Resident of VillageRahimaghat, P.S.- Khagaria (Gangaur), District- Khagaria. ... ... 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. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Khagaria (Gangaur) P.S. Case No. 628 of 2016 registered for the offence punishable under Sections 420, 379, 427, 341, 504, 506 and 385 of the Indian Penal Code.

Petitioner along with fourteen FIR named accused persons are said to have descended at the maize field of the informant armed with various weapons and damaged the maize crop and forcibly constructed hut on his land claiming themselves to be member of the naxal group and also resorted firing in the air.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence.

Patna High Court CR. MISC. No.28618 of 2019(2) dt.03-05-2019 2/2 He has been falsely implicated in this case due to dirty village politics. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. No one sustained any sort of injury. The offence is said to be of 24.09.2016, but the FIR has been lodged on 03.11.2016 after inordinate and abnormal delay of about one month nine days without assigning any plausible explanation for the aforesaid delay. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 628 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T