Rabindra Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.16949 of 2015 (4) dt.03-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16949 of 2015 Arising Out of PS.Case No. -291 Year- 2014 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rabindra Sah son of Sri Jagdish Sah resident of village - Hathiya, P.S. - Yogapatti, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s Mr. Ajeet Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 03.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner is not named in the first information report but in course of investigation, witnesses including mother of the victim expressed their suspicion against the petitioner on the basis of his physical appearance as disclosed by the victim. Moreover, learned counsel for the informant relied upon para 48 of the case diary in which Investigating officer mentioned that when the petitioner was brought before the victim, victim claimed to have identified him and stated that it was petitioner who had committed the crime.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.16949 of 2015 (4) dt.03-08-2015 amount each to the satisfaction of the Ist Addl. Sessions Judge-cumSpecial Judge under POSCO Act, West Champaran, Bettiah in Yogapatti P.S. Case no. 291/2014 (S.G.R. No. 58/2014). shahid (Hemant Kumar Srivastava,J) U T