Binde Sadai @ Bindeshar Sadai @ Bindeshwar Sadai v. The State Of Bihar

Patna High Court Cr.Misc. No.47110 of 2014 (2) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47110 of 2014 Arising Out of PS.Case No. -71 Year- 2013 Thana -LAUKHA District- MADHUBANI ======================================================

1. Binde Sadai @ Bindeshar Sadai @ Bindeshwar Sadai Son of Ram Sundar Sadai resident of village - Gadhiya, P.S. Lalamaniya ( Laukaha ), District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Laukaha (Lalamaniya) P.S. Case No. 71 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 332, 333, 307, 353, 440, 504, 120B, 379 and 411 of the Indian Penal Code. Allegedly, the Police personnel were attacked by 150 persons of the village and started pelting stones and snatched away the rifle and one mobile set from a constable Ashok Kumar Gupta and thereafter the snatched rifle was recovered from the house of the petitioner.

Submission is that the petitioner is suffering in

Patna High Court Cr.Misc. No.47110 of 2014 (2) dt.04-02-2015 custody since 23.3.2014. As a matter of fact nothing incriminating was recovered from his conscious possession. There is no specific allegation of assault against this petitioner. The petitioner was allegedly the member of mob to which the learned APP opposes by submitting that the rifle has been recovered from his possession.

Considering the period of detention at this stage, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Jhanjharpur, Madhubani in connection with Laukaha (Lalamaniya) P.S. Case No. 71 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T