Rajesh Sao @ Halwai Rajesh Sah @ Halwai Rajesh Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14488 of 2016 Arising Out of PS.Case No. -322 Year- 2015 Thana -PIRO District- BHOJPUR ====================================================== Rajesh Sao @ Halwai Rajesh Sah @ Halwai Rajesh Shaw son of Kameshwar Sah, resident of village- Agiaon Bazar, P.S.- Agiaon Bazar, District- Bhojpur, Ara, Bihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar Rai For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Piro P.S. Case No. 322 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegation is that Krishna Singh @ Sadhu Ji and others told the informant that the petitioner and other FIR named accused persons were assaulting Ashok Singh with allegation that he has committed theft of mobile resulting his death and further they have taken away the dead body in Sumo Vehicle. Submission is of false implication and that there is no legal and tangible material against the petitioner, the informant

Patna High Court Cr.Misc. No.14488 of 2016 (3) dt.13-05-2016 2/3 is not the eye witness of the occurrence and there is no specific allegation against the petitioner. During investigation, the witnesses being on inimical term have taken the name of the petitioner, the deceased was of ill mental health and was addicted to take Ganja and in this case, similarly situated co-accused Prinsh Rai has already been allowed bail vide Criminal Misc. No. 57589 of 2015 and further Biki Kumar has also been allowed bail. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. The petitioner has got no criminal antecedent and he is suffering in custody since 08.12.2015.

The learned A.P.P does not oppose the aforesaid contention.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 322 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court

Patna High Court Cr.Misc. No.14488 of 2016 (3) dt.13-05-2016 3/3 concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mishra/- U T