Jamadar Rai @ Bahkatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80362 of 2018 Arising Out of PS. Case No.-12 Year-2013 Thana- RAJEPUR District- East Champaran ====================================================== Jamadar Rai @ Bahkatwa son of Late Raghunath Rai, Village - Molnapur, P.S.Rajepur, East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard the parties.

The petitioner seeks bail in Rajepur P.S.Case No.12/2013 registered under Section 395 of the I.P.C.and 3⁄4 of Explosive Substance Act.

The informant has alleged in his written complaint that on 7.2.2013 at about 9.00 P.M. while he along with his family members were sleeping then some miscreants entered in his courtyard and broke open the door of his house and on the strength of arms looted ornaments, cash and other household articles.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. F.I.R. is against unknown and the name of this petitioner has transpired on the basis of confessional statement made by co-accussed Md.Guddu

Patna High Court CR. MISC. No.80362 of 2018(3) dt.13-03-2019 2/2 and Sanjay Sahani. Nothing has been recovered from the possession of petitioner. Similarly placed co-accused Nagina Singh has been granted bail by a co-ordinate Bench of this Court vide Annexure-2.He is in custody since 16.01.2019. Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar at Motihari, East Champaran, in Rajepur P.S.Case No.12/2013 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioner/s tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner/s. (S. Kumar, J) aks/- U