Pradeep Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28598 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Pradeep Sah S/o Late Sheojee Sah resident of village - Barahari, P.S. Barahari, District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-07-2016 Supplementary affidavit is filed on behalf of the petitioner.
Learned counsel for the petitioner seeks and, is permitted to make necessary correction at paragraph-14 of the petition in course of the day.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-307, 326 & other minor sections of the Indian Penal Code and 25(1-b)A, 26, 27, 35 of the Arms Act. Although the petitioner is named in the first information report but the informant is not an eye witness of the alleged occurrence. The statements of injured witnesses including
Patna High Court Cr.Misc. No.28598 of 2016 (2) dt.19-07-2016 2/2 the injured, Suryanath Kumar were recorded in course of investigation and while disposing off the anticipatory bail petition of other accused, learned Ist Additional Sessions Judge, Sasaram mentioned in his order dated 24-06-2016 that only 4 persons namely, Binod Choudhary, Pintoo Singh, Amarjeet and Manoj Choudhary had opened fire on the injured persons of this case and so far as petitioner is concerned; the learned Additional Sessions Judge mentioned in the aforesaid order that the petitioner was only a conspirator.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Karagahar (Barahari) P.S. Case No. 115 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-2, Sasaram, Rohtas.
(Hemant Kumar Srivastava, J) A.K.V./- U T