Allowed

Hemant Kumar Sajan v. The State Of Bihar

Patna HC16 May 2018CR. MISC./30451/2018

Case brief

AI extract

What is this about?

This court allowed the petitioner's bail application in a case involving attempt to murder and arms offences. The petitioner was languishing in judicial custody since April 2017. The court granted bail subject to furnishing a bond with two sureties, one of whom must be a relative with immovable property.

What did the court decide?

Order that the petitioner be enlarged on bail on furnishing a bond of Rs. 10,000/- with two sureties, one being a close relative with immovable property.

Hemant Kumar Sajan Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30451 of 2018

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Arising Out of PS.Case No. -67 Year- 2017 Thana -SALKHUA District- SAHARSA

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====================================================== Hemant Kumar Sajan son of late Kumod Kumar Jha, resident of village Golma, P.S. Sour Bazar (Patarghat O.P.), District-Saharsa.

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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2 16-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner had earlier moved this Court for grant of bail which was rejected vide order dated 10.11.2017 passed in Cr. Misc. No. 42287 of 2017.

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Petitioner is languishing in judicial custody since 15.04.2017 in connection with Salkhua (Banma Ithari O.P.) P.S. Case No. 67 of 2017 for offences punishable under Sections 307, 333, 353, 393, 120B/34 of the Indian Penal Code and Section 25 (1-b) A, 26, 27, 29, 35 of the Arms Act.

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The prosecution case, as lodged by the police personnel, is that on information that some criminals have assembled to commit crime, the police conducted a raid and apprehended the petitioner who fired from his pistol on the police

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Patna High Court Cr.Misc. No.30451 of 2018 (2) dt.16-05-2018

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party but it got misfired. The petitioner was apprehended and from his possession one loaded pistol with two live cartridges and one used cartridge was recovered. The motorcycle which was found nearby, the petitioner was not able to show any ownership paper. Accordingly, a seizure list was prepared.

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It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely been implicated in the aforesaid case. He submits that no overt act has been committed by the petitioner, no injury has been caused and his confessional statement before the police has no evidentiary value in the eye of law. He submits that uptil now charges have not been framed and the petitioner is languishing in judicial custody since more than one year.

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However, learned APP for the State opposes the prayer

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for bail.

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Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 A.C.J.M. II, Saharsa in connection with Salkhua (Banma Ithari O.P.) P.S. Case No. 67 of 2017, subject to the conditions that:

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(1) One of the bailors would be a close

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Patna High Court Cr.Misc. No.30451 of 2018 (2) dt.16-05-2018

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(2)

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relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

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(Nilu Agrawal, J)

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Devendra/-

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U T

Hemant Kumar Sajan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Hemant Kumar Sajan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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