Baunu Sada @ Bauna Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51565 of 2016 Arising Out of PS.Case No. -213 Year- 2011 Thana -BALIA District- BEGUSARAI ====================================================== Baunu Sada @ Bauna Sada, Son of Late Sitaram Sada, Resident of village - Gyantola, Majhanpur, P.S.- Ballia, District Begusarai. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar, Advocate Mr. Murari Narayan Chaudhary, Advocate For the Opposite Party : Mr. B. N. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302 and 379 of the Indian Penal Code and under Section 27 of Arms Act.

It is alleged in the written report that on the date of occurrence Baunu Sada (petitioner) and Chhatu Sada fired two shots on brother of the informant namely, Sachindra, which hit on his head and chest, as a result of which he became injured. Thereafter, Jogi Sada and Gorai Lal Sada chased the nephew of the informant having pistol in their hands and fired two shots upon nephew of the informant, as a result of which he also sustained firearm injury and fell down and thereafter all the accused persons

Patna High Court Cr.Misc. No.51565 of 2016 (4) dt.03-02-2017 2/2 went to see the brother and nephew of the informant and became confirmed that both of them have died then they took away mobile of the brother and nephew and the accused persons fled away. The learned Sessions Judge has mentioned in the impugned order that the inquest report in para-3 of the case diary supports that both the deceased have received firearm injury. Postmortem report in para26 also supports the case of the informant as the deceased has received multiple firearm injury on his person. Other witnesses in para-5, 19, 20, 21 and 22 of the case diary have also supported the case and levelled specific allegation against these petitioners of causing firearm injury to the brother of the informant Sachindra, who died on the spot.

Therefore, this court is not inclined to grant regular bail. Accordingly the prayer for bail is hereby rejected for the present in S. Tr. No. 477 of 2013, arising out of Ballia (Begusarai) P.S. Case No. 213 of 2011, pending in the court of Additional Sessions Judge-VIII, Begusarai.

(Sanjay Priya, J.) ravi/- U T