Patna High CourtCR. MISC./36151/2016bail granted

Mahendra Singh Bhokta @ Mahendra Singh v. The State Of Bihar

2016-10-25Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.36151 of 2016 (3) dt.25-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36151 of 2016 Arising Out of PS.Case No. -16 Year- 2008 Thana -DUMARIA District- GAYA ======================================================

1. Mahendra Singh Bhokta @ Mahendra Singh Son of Puran Singh, Bhokta, Resident of Village- Nabigarh, P.S- Dumariya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 307, 333, 353, 384 of the I.P.C. as well as Sections 25(1-b)A, 26, 27, 35 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Allegation is that the F.I.R. named accused persons along with 9-10 extremists made firing upon the police with illegal arms with intention to kill the police force and created obstruction in discharging their official duties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.01.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.36151 of 2016 (3) dt.25-10-2016 witnesses alleged against the petitioner. The case is of the year 2008. The petitioner is not named in the F.I.R. The name of the petitioner for the first time came in course of investigation on 30.4.2015 i.e. after a period of more than seven years. There is no explanation on the part of the prosecution.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghaty (Gaya) in connection with Dumariya P.S. case No.16 of 2008.

(Sudhir Singh, J) Narendra/- U T