Hare Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47881 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Hare Sada S/o Late Madan Sada, Resident of Village- Larhi, P.S.- Alouli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-12-2016 Heard the counsel for the petitioner and Mr. A.K. Pandey, APP for the State.

The petitioner prays for bail in Alouli P.S. Case No. 103 of 2015 registered under section 302 IPC.

The son of the informant alleged in the FIR that six accused persons named in the FIR (not the petitioner) arrived at the scene of occurrence and fired at the mother of the informant as a result whereof she died. Three other accused persons disclosed in the FIR are said to have conspired to kill her mother who was a witness to a murder case vide Alouli P.S. Case No. 220 of 2013. The contention of the petitioner is that he is not named in the FIR. He is also not accused of the said case. He is lodged in custody since 09.05.2016. Some other accused persons, similarly

Patna High Court Cr.Misc. No.47881 of 2016 (3) dt.02-12-2016 2/2 situated, have been released on bail vide order(s) placed at Annexure-2 series.

Considering the above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM Khagaria in Alouli P.S. Case No. 103 of 2015, Supp. S.R. No. 1182 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T