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Patna High CourtCR. MISC./17666/2017bail granted

Surendra Patel v. The State Of Bihar

2017-08-01Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17666 of 2017 Arising Out of PS.Case No. -140 Year- 2010 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Surendra Patel Son of Ram Amoghi Patel, Resident of village - Suhai Grah, P.S. Runnisaidpur, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajni Kant Pandey For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 140 of 2010, registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 353, 332, 186, 435, 387, 427 and 395 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

Allegation against the petitioner and several other coaccused persons is that they armed with deadly weapons attacked the police out post and destroyed the Government property and set on fire the vehicles parked besides the police out post. It has been submitted on behalf of the petitioner that though petitioner is named in the F.I.R, however, no specific allegation has been made against him and further other co-

accused persons having similar allegation has already been granted bail, which will appear from Annexure -3 of this petition. Petitioner is an old person aged about seventy years and has been in judicial custody since 02.04.2014 and is ready to cooperate in the trial and is also ready to abide by any condition imposed on him for grant of bail.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and further other co-accused having similar allegation has already been granted bail and the petitioner has been in custody for more than three years, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -II, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 140 of 2010, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date except showing any genuine reasons otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T