Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50217 of 2017 ====================================================== Rohit Kumar, Son of Manohar Prasad, resident of Mohalla/Village - New Godown, P.S.-Kotwali, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Indra Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali P.S. Case No. 380 of 2017 registered under Sections 457 and 380 of the Indian Penal Code.

The petitioner along with other accused persons are said to have committed theft in the house of the informant in the night and stolen away cash and other belongings of the informant. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of one Raja Kumar. The said Raja Kumar has been

Patna High Court Cr.Misc. No.50217 of 2017 (2) dt.17-10-2017 2/2 enlarged on bail by learned lower court. The petitioner has no criminal antecedent. He has been languishing in custody since 28.08.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 380 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T