Krishna Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51399 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- DEO District- Aurangabad ====================================================== KRISHNA PAL Son of Vijendra Pal Resident of Village - Bairiya Bazar, P.S.- Mali, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 The petitioner seeks regular bail in connection with S. Tr. No. 159/19/9/19 arising out of Dev P.S. Case No. 155 of 2018, registered for offences punishable under Sections 147, 148, 149, 307, 302, 353, 436, 435, 395, 121, 121A, 122, 124A and 120B of the Indian Penal Code and Sections 16, 17, 18, 20, 38, 40 of U.P.A. Act as well as Section 3/ 4 of E.S. Act and Section 17 of the C.L.A. Act.
Petitioner is not named in the F.I.R. later on his name transpired in this case on confession of co-accused and the case is under various sections of Indian Penal Code, U.P.A. Act, E.S. Act and C.L.A. Act with allegation that accused persons, who are said to be Maoists, fired on the police and also set on fire four buses and pick up van and also set ablaze two shops and they also killed one Narendra Prasad Singh @ Narendra Singh
Patna High Court CR. MISC. No.51399 of 2019(3) dt.16-11-2019 2/3 and looted away cash and ornaments from his house and there is also recovery of cane bomb. Apart from that petitioner is accused in three more cases.
It has been submitted on behalf of the petitioner that save and except confessional statement of co-accused, there is absolutely nothing against the petitioner to show his involvement in the present case and he has been in judicial custody since 26.03.2019 and other co-accused having similar allegation have been granted the privilege of bail by different coordinate Benches of this Court vide order dated 01.04.2019 passed in Cr. Misc. No. 17142/2019, vide order dated 22.04.2019 passed in Cr. Misc. No. 25647 of 2019 as well as vide order dated 27.06.2019 passed in Cr. Misc. No. 26300/2019.
Heard learned A.P.P. and perused the report of learned Trial Court, from which, it appears that out of nine witnesses, uptil now only one witness could be examined. Having heard both sides, considering the facts and circumstances of the case and also the fact that other co-accused persons have already been enlarged on bail by different coordinate Benches of this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.51399 of 2019(3) dt.16-11-2019 3/3 Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VI, Aurangabad, in connection with S. Tr. No. 159/19/9/19 arising out of Dev P.S. Case No. 155 of 2018 subject to the condition that one of the bailors of the petitioner should be his close relative having sufficiently immovable properties in the jurisdiction of concerned court below and with further subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the Trial Court, otherwise, prosecution will be at liberty to move for cancellation of bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T