Rakesh Kumar Sah @ Don @ Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31155 of 2016 Arising Out of PS.Case No. -312 Year- 2012 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Rakesh Kumar Sah @ Don @ Rakesh Sah S/o Vashisth Sah, resident of Village- Maheshpur, P.S.- Karagahar, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with S. Tr. No.100 of 2016, arising out of Dehri P.S. Case No. 312 of 2012 for the offences instituted under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the accused persons is of committing firearm injury on the head of the deceased, due to which, he succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.12.2015. The charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.31155 of 2016 (3) dt.16-09-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. He has been made accused on the basis of secret information. There is no eyewitness to the alleged occurrence nor there is any circumstantial evidence to suggest his implication in the present case.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 3rd Additional Sessions Judge, Rohtas at Sasaram, in connection with S. Tr. No.100 of 2016, arising out of Dehri P.S. Case No. 312 of 2012. (Sudhir Singh, J.) Amit/- U T