Bojha @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36636 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Bojha @ Abhishek Kumar Son Of Ram Pravesh Rai Alias Sadhu Rai Resident Of Village Kaji Chakka Nizam, Ps.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioner and Shri Tapeshwar Sharma, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Goraul P.S. Case No. 239 of 2019 for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of Arms Act.

The allegation is regarding unknown miscreants having intercepted the motorcycle of the informant, on which he was travelling with his family members, where-after they are stated to have fired upon his aunt and looted the motorcycle of the informant and fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.36636 of 2020(2) dt.30-01-2021 2/3 present case and is languishing in custody since 02.05.2020. The learned counsel for the petitioner has further submitted that the name of the petitioner has transpired in the present case upon confessional statement made by another accused of another case and the petitioner has been remanded in the present case, after he was arrested in another case. It is further submitted, by referring to paragraph no. 8 of the present petition, that the petitioner has not been put on T.I. Parade so as to prima facie connect him with the alleged crime.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that the petitioner has not been put on T.I. Parade so as to connect him with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.36636 of 2020(2) dt.30-01-2021 3/3 Vaishali at Hajipur in connection with Goraul P.S. Case No. 239 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T