Rohit Sah @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58963 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- KHAIRA District- Jamui ====================================================== ROHIT SAH @ ROHIT KUMAR Son of Rajesh Sah @ Rajeshwar Sah Resident of Village - Singarpur, P.S.- Khaira, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sessions Trial No. 145 of 2019 arising out of Khaira P.S. Case No. 110 of 2020 instituted for the offences under Sections 399, 402, 414 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.12.2020, charges have been framed and has antecedent of two cases.

Learned counsel for the petitioner submits that allegation is of recovery of arms and cartridges from five named accused persons in the FIR.

Patna High Court CR. MISC. No.58963 of 2021(2) dt.08-03-2022 2/2 Learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from the possession of the petitioner and his name transpired in the confessional statement of the arrested accused persons. Learned counsel further submits that the charges have been framed against the petitioner but the trial has not commenced as yet.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charges have been framed, petitioner was not arrested from the spot and his name transpired in the confessional statement of coaccused and though the charges have been framed but the trial has not commenced, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Jamui in connection with Sessions Trial No. 145 of 2019 arising out of Khaira P.S. Case No. 110 of 2020.

(Satyavrat Verma, J) Kundan/- U T