Fantush Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70338 of 2023 Arising Out of PS. Case No.-66 Year-2004 Thana- ALOULI District- Khagaria ====================================================== Fantush Sada Son Of Kaulu Sada @ Kailash Sada Resident Of VillageMohanpur, P.S- Morkahi, District- Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Vikram For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 386/34 of the Indian Penal Code and Section 25(1-B) a, 26 of the Arms Act.

It is alleged against all the F.I.R named accused persons including the petitioner that they came at the shop of the informant and demanded ransom demand of Rs. 50,000/-. The accused persons also threatened the informant by brandishing firearm.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70338 of 2023(3) dt.16-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner and the specific allegation is against Kamal Kishore Sada who was already granted the privilege of bail on 11.10.2004. The petitioner was not properly served notice in respect of the trial of this case. The petitioner is languishing in custody since 13.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

In pursuance to the direction of this Court, a report with regard to the present stage of the Trial has been received which has been kept at Flag-R. The report of learned Judicial Magistrate, 1st Class, Khagaria dated 23.11.2023 suggests that charge has still not been

Patna High Court CR. MISC. No.70338 of 2023(3) dt.16-01-2024 3/3 framed and six witnesses are yet to be examined. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Alauli (Morkahi) P.S. Case No. 66 of 2004.

(Sunil Kumar Panwar, J) Shageer/- U T