Patna High CourtCR. MISC./48464/2013bail granted

Shiv Narayan Sah @ Chit Narayan Sah v. The State Of Bihar

2015-03-03The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48464 of 2013 Arising Out of PS.Case No. -22 Year- 2010 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Shiv Narayan Sah @ Chit Narayan Sah, Son Of Late Makhan Sah, Resident of Vllage - Bhaptiyahi, P.S. Bhaptiyahi, District - Supaul .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Shailendra Kumar 1, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 This application is filed with a prayer to grant bail to the petitioner herein. He is facing trial in Bhaptiyahi PS Case No.22 of 2010 and was arrested on 1.7.2013.

The petitioner filed Bail Petition No. 367 of 2013 before the court of learned Additional Sessions Judge, Supaul, for grant of regular bail which was rejected on 29.10.2013. The allegation against the petitioner and about ten others is that they have kidnapped a minor girl and committed theft on herself as well as the person who was accompanying her. The incident is said to have taken place on 15.1.2010 and the complaint was submitted on 18.1.2010. It is brought to the notice of this Court that two persons who are specifically attributed some acts of taking away the gold ornaments were granted bail by this Court.

The record discloses that there are cases and counter-cases between the two parties. The various allegations

Patna High Court Cr.Misc. No.48464 of 2013 (3) dt.03-03-2015 2/2 made against the petitioner need to be dealt with at the trial. The petitioner is in jail for more than one and-a-half years. This Court is satisfied that the petitioner deserves to be granted bail. Accordingly, this application is allowed.

I direct that the petitioner shall 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 the Chief Judicial Magistrate, Supaul, in connection with Bhaptiyahi PS Case No. 22 of 2010.

(L. Narasimha Reddy,CJ) mrl U T