Vijay Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44726 of 2019 Arising Out of PS. Case No.-135 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== 1.

VIJAY SAO Son of Narayan Sao Resident of Village - Jurahi, P.S.- Madanpur, Distt - Aurangabad.

2.

Nagendra Mehta Son of Kanhai Mehta Resident of Village - Jurahi, P.S.- Madanpur, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 504, 337, 323, 353, 427 of the Indian Penal Code and 17 of C.L.A. Act. The prosecution case in short is that the unknown accused attacked on the CRPF camp due to which some constables sustained injuries.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 22.5.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.44726 of 2019(2) dt.22-07-2019 2/2 The petitioners are not named in the F.I.R. After a period of four years, a requisition has been filed in the present case by the I.O. in respect of the petitioners. The delay has not been explained by the I.O. There is no substantive evidence to suggest the implication of the petitioners in the present case. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 135/2014.

(Sudhir Singh, J) Pankaj/- U T