Raghav Sah@Raghav Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.8820 of 2015 (02) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8820 of 2015 Arising Out of PS.Case No. -120 Year- 2014 Thana -BIHRA District- SAHARSA ====================================================== RAGHAV SAH @ RAGHAV KUMAR SAH .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha-Advocate For the Opposite Party/s : Mr. Md.Fahimuddin(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

At an earlier occasion, petitioner's status was flashing from the order of the learned lower Court within the sphere of 18 years and on account thereof, instead of considering the prayer for bail under Criminal Miscellaneous No.38492 of 2014, the same was disposed of, directing the learned lower Court to conduct an enquiry in terms of Section 7A of the Juvenile Justice Act. As is evident, an enquiry was conducted and age of the petitioner has been estimated to be of 23 years on the alleged date of occurrence. That being so, petitioner stood out of purview of Juvenile Justice Act.

Informant, a tempo driver while was carrying passengers fallen prey at the hands of criminals, who on the point

Patna High Court Cr.Misc. No.8820 of 2015 (02) dt.07-05-2015 of firearm, deprived of all the belongings of the passengers as well as informant. None had claimed identification and so, first information report was registered against unknown. One Jay Shankar Kumar @ Jay Shankar Sah was apprehended, from whose possession three mobile sets were recovered. During his inculpatory extra-judicial confessional statement, named so many persons including that of petitioner Raghav Sah. It is further evident that from the possession of petitioner, Rs.4,000/- in cash along with Chhura and a mobile was recovered. Neither the cash nor the mobile was put on Test Identification Parade and in likewise manner, petitioner also not been put on Test Identification Parade.

Accordingly, petitioner Raghav Sah @ Raghav Kumar Sah is directed to 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 the learned Additional Sessions JudgeIInd, Saharsa in connection with Sessions Trial No.06 of 2015 arising out of Bihra P. S. Case no.120 of 2014. (Aditya Kumar Trivedi, J) Vikash/- U T