Birendra Sada @ Birendra Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45028 of 2018 Arising Out of PS. Case No.-131 Year-2016 Thana- LAUKAHI District- Madhubani ====================================================== Birendra Sada @ Birendra Sadai, Son of Laxmi Sada @ Laxmi Sadai, Resident of Village- Domohan Bela Srinagarmoti, P.S.- Nirmali, DistrictSupaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13 For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Laukahi P.S. Case No. 131 of 2016 registered for the offence punishable under Section 396 of the Indian Penal Code.

FIR was registered against unknown. Informant has alleged that 9-10 unknown miscreants committed dacoity in a running bus.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Ramsevak Yadav. Similarly co-accused, namely, Ramsewak Yadav, Pramod Yadav and Devanandan Mukhiya have been granted bail by a co-ordinate Bench of this Hon'ble Court vide

Patna High Court Cr.Misc. No.45028 of 2018(4) dt.06-11-2018 2/2 order dated 10.05.2017 passed in Cr. Misc.No. 21224 of 2017, order dated 13.12.2017 passed in Cr. Misc. No. 56061 of 2017, order dated 20.03.2018 passed in Cr. Misc. No. 51442 of 2017. Petitioner has no criminal antecedent and he is in custody since 20.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Jhanjharpur, (Madhubani), in connection with Laukahi P.S. Case No. 131 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T