Rohan Kumar Singh @ Rohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8750 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- MASHRAK District- Saran ====================================================== ROHAN KUMAR SINGH @ ROHAN KUMAR Son of Rajendra Kumar Singh @ Rajendra Singh @ Gajendra Kumar Singh R/o village- Madanpur , P.S- Awatar Nagar, District Saran at Chhapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh Mr. Upadhyay Saurabh Kumar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 26.07.2018 in connection with Mashrak P.S. Case No. 245 of 2018 for offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b) a, 35, 26 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that during checking they found 8-9 persons standing beside three motorcycles. On seeing the police all the persons tried to flee away but four of them were apprehended. From the possession of co-accused Tufani Rai one country-made pistol and two live cartridges was
Patna High Court Cr.Misc. No.8750 of 2019(2) dt.15-02-2019 2/3 recovered. However, name of the petitioner was revealed on the confessional statement of co-accused Tufani Rai. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was not apprehended by the police and nothing has been recovered from his conscious possession. He further submits that charge-sheet has already been submitted and one of the co-accused, who was apprehended by the police with country-made pistol and live cartridges, has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 74443 of 2018 vide order dated 13.12.2018.
However, learned APP for the State opposes the prayer for bail.
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 Addl. Chief Judicial Magistrate-VI, Saran at Chapra, in connection with Mashrak P.S. Case No. 245 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient
Patna High Court Cr.Misc. No.8750 of 2019(2) dt.15-02-2019 3/3 immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Rajesh/- U T