← Library
Patna High CourtCR. MISC./43520/2014bail granted

Ramprit Sao v. The State Of Bihar

2015-03-27Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.43520 of 2014 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43520 of 2014 Arising Out of PS.Case No. -39 Year- 2013 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Ramprit Sao Son of Late Jagdish Sao R/o Village Natesar, P.S. Neemchak Bathani, district Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Neemchak Bathani P.S. Case No. 39 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 295, 307, 353 and 333 of the Indian Penal Code and Section 27 of the Arms Act.

At the very outset, it has been submitted that in this case similarly situated co-accused Sidheshwer Pandit has been allowed pre-arrest bail by another Bench of this Court vide order dated 3.2.2014 passed in Cr. Misc. No. 32806 of 2013, and as such, the petitioner also deserves sympathetic consideration as only on suspicion he has been named and there is no specific

Patna High Court Cr.Misc. No.43520 of 2014 (2) dt.27-03-2015 allegation against him. Moreover, peace has to be held in society and there is no likelihood of any disturbance, to which the learned APP is not in a position to distinguish the case of the petitioner from that of co-accused.

In the facts and circumstances stated above and considering that the case of the petitioner is similar to that of co-accused who has been allowed pre-arrest bail, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Neemchak Bathani P.S. Case No. 39 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T