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Patna High CourtCR. MISC./77933/2019allowed

Bhupendra Baitha @ Sanjivan Jee @ Sanjivan Baitha @ Bhupendra Rajak v. The State Of Bihar

2019-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77933 of 2019 Arising Out of PS. Case No.-137 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== BHUPENDRA BAITHA @ SANJIVAN JEE @ SANJIVAN BAITHA @ BHUPENDRA RAJAK, Son of Bilash Rajak @ Rambilas Rajak @ Bilash Baitha, Resident of Village - Lapura, P.S.- Muffasil, Distt- Aurangabad. Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 326, 307, 353, 427, 435, 504, 124A of the Indian Penal Code and 27 of the Arms Act, 3⁄4 of E.S. Act and 17 C.L.A. Act.

As per the allegation in the FIR, 500 persons are said to have blocked the police station and attempted to snatch the arms from the police personnel.

Learned counsel for the petitioner submits that the name of the petitioner transpired in course of investigation. No incriminating articles have been recovered from the possession of the petitioner. The petitioner is in custody since 26.06.2018. The similar situated co-accused have been bail by the different Benches of this Court vide order dated 06.11.2019 in Cr. Misc. No. 45148 of 2019 and dated 14.10.2019 in Cr. Misc. No.47044 of 2019.

Patna High Court CR. MISC. No.77933 of 2019(2) dt.04-12-2019 2/2 Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV, Aurangabad (Bihar), in connection with S.Tr. No. 491/2018 / 391/2018 arising out of Madanpur P.S. Case No. 137 of 2014, subject to the following conditions:

(1) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(2) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(3) a condition that the person shall not have India without the previous permission of the Court.

(Anjani Kumar Sharan, J) amitkumar/- U T