Bohran Sada @ Borhan Sada @ Bodhan Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22627 of 2015 Arising Out of PS.Case No. -82 Year- 2007 Thana -SALKHUA District- SAHARSA ====================================================== Bohran Sada @ Borhan Sada @ Bodhan Sada S/o Dhanik Sada R/o Village - Rahua, P.S. + District - Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2015 Heard both sides.
The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.
The petitioner is not named in the F.I.R. The informant named 33 persons and alleged that they all made indiscriminate firings in which one A.S.I. was killed. The petitioner was in jail in Morkahi P.S. Case No. 53/10. The police filed requisition for producing the petitioner on 25.07.2014. The petitioner is in jail in connection with the present case since 17.03.2015. It is submitted that on the allegation that the petitioner is the Area Commander of Marxists and, on such, he has been implicated in the present case.
Considering the facts aforesaid and the fact that
Patna High Court Cr.Misc. No.22627 of 2015 (3) dt.17-09-2015 2/2 similarly situated other co-accused have already been enlarged on bail and there is no specific allegation against the petitioner and the petitioner is not even named in the F.I.R., the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 82 of 2007. (Prabhat Kumar Jha, J) Dilip/- U T