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Patna High CourtCR. MISC./31615/2018bail granted

Rohit Kumar @ Lolu v. The State Of Bihar

2018-07-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31615 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== Rohit Kumar @ Lolu Son of Bhushan Singh Resident of VillageMadhurapur, Purwari Tola, P.S. Teghra, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 At the out set the learned counsel for the petitioner seeks to make correction in paragraph no. 3 of the petition. Let the same be done during the course of the day. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Fulwaria P.S. Case No. 128 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is against unknown persons having shot at the deceased who is the brother of the informant and having looted various articles from the deceased who was travelling on a motorcycle along with one Sajjan Shekhar.

The learned counsel for the petitioner has submitted that the

Patna High Court Cr.Misc. No.31615 of 2018 (4) dt.19-07-2018 2/2 petitioner has been arrested in one other case and only then he has been remanded in the present case purportedly on the basis of his confessional statement made in the other case. It is further submitted that neither any recovery has been made from the petitioner nor T.I. Parade has been conducted so as to connect the petitioner with the alleged crime. The other co-accused person namely Raj Kishore Singh in his statement has named one person namely Avinav Kumar who has shot at the deceased. The petitioner is stated to be languishing in custody since 12.2.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raghuvir Prasad, learned Judicial Magistrate, 1st Class, Begusarai in connection with Fulwaria P.S. Case No. 128 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T