Santosh Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18523 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Santosh Rawani, Son of Dinesh Ram, Resident of Village- Silauja Tola Lalganj, P.S.- Belaganj, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Civil Lines P.S. Case No. 92 of 2016 registered for the offence punishable under section 395 of the Indian Penal Code and later on, section 412 of the Indian Penal Code has been added. Allegedly six unknown persons came at the house of the informant in night and on the point of gun, jewellery and household articles were looted. The petitioner is not named in the First Information Report, but during investigation his name transpired in the confessional statement of co-accused Mithilesh Kumar @ Teju Yadav, Anuj Kumar @ Pathan, Ashish Kumar @ Ashu and Prabhu Ravidas. The petitioner is in custody since

Patna High Court Cr.Misc. No.18523 of 2017 (3) dt.24-05-2017 2/3 12.07.2016.

Submission is of false implication and that besides confessional statement, there is no legal material against the petitioner. Nothing has been recovered from conscious possession of the petitioner. He has not been put on T.I.P. Other co-accused Prabhu Ravidas, Mukesh Yadav, Mithlesh Kumar @ Teju Yadav, Prabhu Ravidas, Anuj Kumar @ Pathan and Bijay Paswan @ Banda Paswan @ Banda @ Bedan Paswan @ Beda Paswan have already been allowed bail by different co-ordinate Benches of this Court and as such, the petitioner also deserves sympathetic consideration.

Learned APP fairly submits that other co-accused have been allowed bail by different co-ordinate Benches of this Court.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Sarika Bahalia, Judicial Magistrate 1st class, Gaya in connection with Civil Lines P.S. Case No. 92 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of

Patna High Court Cr.Misc. No.18523 of 2017 (3) dt.24-05-2017 3/3 the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason, shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mahesh/- U T