Rajesh Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10002 of 2019 Arising Out of PS. Case No.-267 Year-2017 Thana- BARHARA District- Bhojpur ====================================================== RAJESH OJHA sex Male aged about 24 years, Son of Brij Bihari Ojha Resident of Village - Nawadih, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Tiwary Mr. Mukesh Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barahara (Krishnagarb) P.S. Case No. 267 of 2017, registered for the offence punishable under Sections 392 of the Indian Penal Code.

The allegation is regarding four miscreants having intercepted the motorcycle of the informant whereafter they had fled away with the motorcycle.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and in fact, neither any recovery has been made from the petitioner nor any Test Identification Parade has been held so

Patna High Court Cr.Misc. No.10002 of 2019(2) dt.19-02-2019 2/2 as to connect the petitioner with the alleged crime. It is further submitted that the co-accused persons have already been granted bail by the coordinate Benches of this Court, one of such order being dated 29.08.2018 passed in Criminal Miscellaneous No. 45974 of 2018. Lastly, it is submitted that the name of the petitioner has transpired upon confessional statement made by the co-accused person. The petitioner is stated to be languishing in custody since 28.11.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barahara (Krishagarh) P.S. Case No. 267 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T