Rohit Jha @ Rohit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40968 of 2017 Arising Out of PS.Case No. -256 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Rohit Jha @ Rohit Kumar Jha Son of Surendra Kumar Jha, R/o VillageMuradpur, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No.256 of 2017, registered for offence punishable under Section 394 of the Indian Penal Code. Allegation against the petitioner, as per the FIR, is of committing broad day robbery while the informant was going to deposit money in the bank.

Submission of learned counsel for the petitioner is that the petitioner is not named in the FIR. It appears that he has been made accused on the basis of confession of a co-accused. It is further submitted that the petitioner has falsely been implicated in this case and nothing is available against him except the confession of the co-accused and further submission is that though the petitioner has been made accused in some other cases but he is on bail in all those cases and other co-accused having similar allegation as well as similar antecedents has already been granted

Patna High Court Cr.Misc. No.40968 of 2017 (2) dt.06-09-2017 2 /2 bail by this Court vide order dated 05.07.2017, passed in Cr. Misc. No.24913 of 2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No.256 of 2017, with a condition that this petitioner has to mark his attendance once in a month in the concerned police station otherwise the court below is free to cancel his bail bond, as well as with following conditions: (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T