Bhola Besara @ Bhola Besra @ Bhola Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37570 of 2019 Arising Out of PS. Case No.-139 Year-2016 Thana- SONBERSA District- Saharsa ====================================================== BHOLA BESARA @ BHOLA BESRA @ BHOLA MARANDI S/o Parameshwar Besara R/o village- Raghunathpur Santhali Tola, P.S.- Basnahi, District- Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in (Kas Nagar O.P).P. S. Case No. 139 of 2016 instituted for the offence under Section(s) 147,148, 149, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

In the written report specific allegation of causing fire arm injury on the abdomen of husband of informant is against co accused Mani Paswan. It is also alleged that petitioner Bhola Marandi also caused firearm injury to the husband of informant on the right leg knee and on account of which he fell down and thereafter other accused persons also assaulted him with butt of firearm.

Patna High Court CR. MISC. No.37570 of 2019(2) dt.25-06-2019 2/2 Learned counsel for petitioner further submits that there is no allegation of any specific overt act against this petitioner. There is no recovery of any incriminating article from his possession.

The other co-accused of this case have already been granted regular bail by co-ordinate Bench of this Court by orders passed in Cr. Misc. nos. 27359 of 2017 and 19169 of 2018.

Petitioner is in custody since 22.2.2019.

Considering the aforesaid, let the petitioner, above named, be released 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 CJM, Saharsa, in connection with Sonbarsa Raj (Kas Nagar O.P).P. S. Case No. 139 of 2016 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T