Gorelal Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24180 of 2021 Arising Out of PS. Case No.-76 Year-2015 Thana- RAFIGANJ District- Aurangabad ====================================================== GORELAL RAWANI Son of Chini Ram Resident of Village - Jhilmil, P.S.- Tikari, Distt.- Gaya (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar- Advocate For the Opposite Party/s :

Mr. Ravindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No.145 of 2020/ 394 of 2020 arising out of Rafiganj P. S. Case No.76 of 2015, instituted for the offences under Section 302/ 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

From bare perusal of the F.I.R., it would manifest that the petitioner is named in the F.I.R. and was seen near village Akauni along with other accused persons where they have brought a person after kidnapping and killed him as he was the active member of M.C.C. During investigation also petitioner and others were seen being armed before the date of occurrence. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24180 of 2021(2) dt.17-11-2021 2/3 petitioner has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the petitioner and during course of investigation, nothing has come which can even remotely connect the petitioner with the offence. The allegation is general and omnibus. Petitioner is in custody since 10.07.2020.

Other co-accused Tyagi Jee @ Baba @ Chandeshwar Rajak has been granted bail by a Bench of this Court vide order 07.04.2021 passed in Cr. Misc. No.38472 of 2020 and coaccused Chuta Ravidas @ Brij Mohan Ram has been granted bail by another Bench of this Court vide order dated 04.02.2017 passed in Cr. Misc. No.982 of 2017. So, the petitioner also deserve to be enlarged on regular bail.

Learned counsel for the petitioner further submits that one more co-accused Bihari Ji @ Bihari Rawani @ Shyam Bihari @ Shyam Bihari Chandravanshi has been granted bail by this Court vide order dated 17.11.2021 in Cr. Misc. No.23255 of 2021.

Considering the facts afore-stated, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.24180 of 2021(2) dt.17-11-2021 3/3 learned Additional District Judge-XIV, Aurangaba in connection with Rafiganj P. S. Case No.76 of 2015, subject to condition that (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court below, (b) the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T