Rohit Kumar Singh @ Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17277 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Rohit Kumar Singh @ Rahul Singh, Son of Kuwar Singh R/o villageDeorath, P.S.- Barhara, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 09.08.2018 in a case registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. The prosecution case as per the written report of Prem Chandra Shukla, Principal-in-charge of Macha Swami+2 High School submitted to SHO, Barhara Police Station is to the effect that on 17.07.2018, the informant came to know that the ventilator and window of the computer room of the said school has been broken and 11 computers, two batteries and three head portion of the hand pump have been stolen, leading to the registration of FIR against unknown persons. It is further alleged that the name of the petitioner sprang up during

Patna High Court CR. MISC. No.17277 of 2019(2) dt.27-03-2019 2/3 investigation on a secret information.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner and the name of the petitioner sprang up during investigation on a secret information. It is further submitted that similarly situated co-accused persons, namely, Mukesh Singh @Viku and Ayush Singh @Sonu Kumar have been granted bail by different Co-ordinate Benches of this Court vide order dated 07.12.2018 and 02.11.2018 passed in Cr. Misc. Nos.72577 and 61204 of 2018 respectively. A statement has been made in paragraph no. 3 of the petition that the petitioner is involved in three other cases in which he is on bail in all those cases though statement to that effect has not been made in the petition. Learned APP for the State submits that the name of the petitioner sprang up during investigation.

Considering the fact that there is no recovery from the conscious physical possession of the petitioner, investigation already being concluded and similarly situated co-accused persons being granted bail by different Co-ordinate Benches of this Court, let the above named petitioner be released on bail, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17277 of 2019(2) dt.27-03-2019 3/3 satisfaction of learned CJM, Bhojpur at Ara in connection with Barhara P.S. Case No.290 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T