Patna High CourtCR. MISC./59220/2017bail granted

Rajendra Ojha v. The State Of Bihar

2018-02-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 59220 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -BARAULI District- GOPALGANJ ====================================================== Rajendra Ojha S/o Late Satyadeo Ojha, aged about 40 Years, R/o VillageMohammadpur, Nirmal Tola, P.S.- Barauli, (Madhopur O.P.), DistrictGopalganj, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ashok Kumar Singh, Advocate For the S t a t e : Mr Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 302/34 of Indian Penal Code.

It is submitted by the petitioner's counsel that one Aurangzeb was apprehended while committing theft in the petitioner's house for which the petitioner's wife Mini Devi lodged Barauli Police Station Case No 159 of 2017 against him. He submits that when he was apprehended committing theft, a mob assembled there and he was beaten to death. It is further submitted that the petitioner has falsely been implicated in this case and that prior to the instant case, the petitioner has no criminal antecedent. He is in custody in connection with this case

Patna High Court Cr.Misc. No.59220 of 2017 (3) dt.02-02-2018 2/2 since 20.08.2017.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XIV, Gopalganj in Barauli Police Station Case No 158 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T