Sadiq Gaddi @ Sadiq Garhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72637 of 2022 Arising Out of PS. Case No.-402 Year-2021 Thana- BARUN District- Aurangabad ====================================================== SADIQ GADDI @ SADIQ GARHI Son of Aslam Gaddi @ Aslam Garhi R/O Vill. - Alamganj, P.S.- Sasaram Town, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 394 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Barun P.S.Case No. 402 of 2021(G.R.No. 2278 of 2021).

As per allegation, unknown miscreants attempted to snatch the motor-cycle from the possession of the informant's son. They also fired shot, which hit the helmet of the informant's son and one fire shot hit his leg. The learned counsel for the petitioner has submitted that the petitioner has not been arrested at the spot. His name has figured in the confessional statement of co-accused Shyam Kumar @ Laddu Yadav and except that there is no material

Patna High Court CR. MISC. No.72637 of 2022(3) dt.20-03-2023 2/3 against the petitioner. He has submitted further that the petitioner is languishing in jail since 26.07.2022. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S.Case No. 402 of 2021(G.R.No.2278/2021), subject to the following conditions:-

1. The petitioner shall co-operate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

3. The petitioner shall appear physically on each and every date fixed at the trial, and if he fails to appear on two

Patna High Court CR. MISC. No.72637 of 2022(3) dt.20-03-2023 3/3 consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J) HR/- U T