A bail petition filed by two petitioners already in custody was allowed. Released on furnishing bail bonds of Rs. 10,000 and two sureties to the concern Sessions Judge.
Released on bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount to the learned Ad hoc Additional Sessions Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25847 of 2015
Arising Out of PS.Case No. -76 Year- 2009 Thana -ALOULI District- KHAGARIA ====================================================== 1. Manoj Sada, S/o Lalo Sada 2. Lalo Sada, S/o Late Yugal Sada Both resident of Village -Pirpanti, P.S. - Alauli, District- Khagaria .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 12-08-2015 The petitioners are languishing in custody since 3.1.2014 and 22.1.2014 respectively in connection with Sessions Case No.262/14 arising out of Alauli P.S. Case No.76 of 2009 / G.R. No.948/09 for the offences instituted under Sections 147, 148, 149, 307, 504, 529/34 of the I.P.C. and Section 27 of the Arms Act. Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that on 26.6.2009 while the informant along with Promod Sah was going on the Horse and reached near the house of Mangal Sada, Aalo Alam and Salo Alam abusing them ordered to stop at the point of rifle and upon stopping them the petitioners including other co-accused
Patna High Court Cr.Misc. No.25847 of 2015 (3) dt.12-08-2015
2/2
fired upon them which hit the horse as a result of which it died.
It has been submitted on behalf of the petitioners that they are in custody since 3.1.2014 and 22.1.2014 respectively and the charge sheets have been submitted in the present case. There is general and omnibus allegation of firing against the petitioners whereas specific allegation against the co-accused, namely, Aalo Alam and Salo Alam.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Ad hoc Additional Sessions Judge 3rd, Khagaria, in connection with S.C. No.262/14 arising out of Alauli P.S. Case No.76 of 2009, G.R. No.948/09.
(Sudhir Singh, J)
AnilKrSinha/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail in the Sessions Case involving offences under Sections 147, 148, 149, 307, 504, 529 IPC and Arms Act.
Manoj Sada
Lalo Sada
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
