Patna High CourtCR. MISC./29159/2014bail granted

Sheikh Saddam @ Saddam v. The State Of Bihar

2015-01-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29159 of 2014 Arising Out of PS.Case No. -389 Year- 2012 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sheikh Saddam @ Saddam, Son of Late Yunus, Resident of Village - Inarwa Bazar, P.S. - Inarwa, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Ramshankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-01-2015 Heard both sides.

The petitioner Sheikh Saddam @ Saddam seeks bail in Sessions Trial No.63 of 2013, arising out of Bettiah Town P.S. Case No. 389 of 2012, registered for the offences punishable under Sections 326, 307/120B of the Indian Penal Code in which Section 302 of the Indian Penal Code was added later on and Section 27 of the Arms Act.

Hajat incharge alleged that he heard sound of firing and saw that one Jasim Khan threw pistol outside of the hajat through window. Jasim Khan is said to have disclosed that the petitioner handed over the pistol to him.

It appears that none has seen the petitioner handing over the pistol to Jasim Khan. Except the so called confessional

Patna High Court Cr.Misc. No.29159 of 2014 (4) dt.07-01-2015 statement of Jasim Khan, there is no evidence to show that it was the petitioner who handed over the pistol to Jasim Khan. The petitioner was also in jail at the time of the occurrence. The petitioner is in jail since 28.06.2012.

Considering the facts aforesaid and the fact that the petitioner has remained in jail for more than 2 1⁄2 years, he 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 1st Additional Sessions Judgecum-Special Judge, West Champaran, Bettiah in connection with Sessions Trial No.63 of 2013, arising out of Bettiah Town P.S. Case No. 389 of 2012.

(Prabhat Kumar Jha, J.) KKSINHA/- U T