Rakesh Singh @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34081 of 2017 Arising Out of PS.Case No. -173 Year- 2012 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Rakesh Singh @ Rakesh Kumar S/o Sant Singh, R/o Village: Bhaisahi Khurd, P.S: Sasaram (Muffasil), District-Rohtas .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-07-2017 Heard the learned counsel for the petitioner and APP for the State.
The petitioner seeks bail in S. Tr. No. 736 of 2015 arising out of Sasaram (M) P.S. Case no. 173 of 2012 registered for the offence punishable under Sections 307, 353 of the Indian Penal Code and Section 25(1-b)a, 26, 27, 35 of the Arms Act. The informant of this case is Officer-in-Charge, Sasaram (Muffasil). He in his self-statement has alleged that on getting confidential information regarding illegal mining is going on and some explosive substance was to be supplied to extremists, he along with police party reached at the place of occurrence where some of the persons obstructed in discharging their duties. He further alleged that four persons started firing on police party who were identified by the local Chowkidar (Bhagwan Ram). He
Patna High Court Cr.Misc. No.34081 of 2017 (2) dt.21-07-2017 2/2 disclosed the name of this petitioner and other accuseds who managed to escape from the place of occurrence. It is submitted that the petitioner was neither caught on the spot nor any incriminating material has been recovered from his possession. He has been made accused by S.H.O. with ulterior motive. The petitioner is in custody since 15.07.2015. Considering the nature of allegation, facts and circumstances of the case, the bail prayer of this petitioner is allowed. The above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-7th , Rohtas at Sasaram in connection with S. Tr. No. 736 of 2015 arising out of Sasaram (M) P.S. Case no. 173 of (Sanjay Kumar, J) rohit/- U T