Bihari Chandrabanshi @ Bihari Rawani @ Bihari Jee @ Shyam Bihari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62360 of 2018 Arising Out of PS. Case No.-140 Year-2013 Thana- GOH District- Aurangabad ====================================================== Bihari Chandrabanshi @ Bihari Rawani @ Bihari Jee @ Shyam Bihari Prasad, S/o Shankar Ram @ Shiv Shankar Rawani, R/o Vill.- Jujharpur, P.S.- Goh, in the District of Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Goh P.S. Case No.140 of 2013 instituted for the offence under Section(s) 302, 396 and other allied sections of Indian Penal Code, Section 17 of the CLA Act, Section 27 of the Arms Act, Section 3⁄4 of the Explosives Substance Act and Section 10 of the UAPA Act. Counsel for the petitioner submits that petitioner is not named in the written report. No Test Identification Parade has been held. During investigation, police arrested some persons on suspicion and recorded confessional statement, wherein, name of the petitioner has come.

It is alleged that 300-400 persons resorted to firing on

Patna High Court Cr.Misc. No.62360 of 2018(3) dt.17-12-2018 2/2 the police camp killing four persons and one driver on the spot. Counsel for the petitioner further submits that coaccused, Kail Parjapati @ Akash Ji, has already been granted regular bail by co-ordinate Bench of this Court by order dated 05.10.2015 passed in Cr. Misc. No.24664 of 2015. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No.140 of 2013, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T