Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5799 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Rohit Kumar, aged about 21 years, male, S/o Vishwanath Mahto, Resident of Village - East Kargahiya, P.S. Bettiah Muffasil, District, West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bettiah Town P.S. Case No. 337 of 2018 registered for the offence punishable under Sections 387 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that two miscreants had entered his petrol pump who had concealed their face and fired which hit the window pane of the Service Station and, thereafter, they fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Sunni Kumar Singh and Rajan Kumar and except said confessional statement, there is no

Patna High Court Cr.Misc. No.5799 of 2019(2) dt.05-02-2019 2/2 any incriminating material against the petitioner. Petitioner is in custody since 11.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 337 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T