Patna High CourtCR. MISC./29921/2016bail granted

Saroj Khatik v. The State Of Bihar

2016-07-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.29921 of 2016 (2) dt.28-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29921 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Saroj Khatik Son of Lorik Khatik Resident of village- Pahleja, P.S.- Dehri, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code.

Petitioner is not named in the first information report but from perusal of the impugned order it would appear that in course of investigation at para 44 of the case diary, for the first time, one witness, namely, Sudama Singh claimed to have been seen the petitioner and other accused assaulting the deceased and subsequently, some witnesses stated about involvement of the petitioner vide paras 45, 46, 66 and 67 of the case diary.

Submission on behalf of the petitioner is that having more or less similar allegation FIR named accused as well as some others have already been granted privilege of bail by this court as well as court below.

Patna High Court Cr.Misc. No.29921 of 2016 (2) dt.28-07-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Dehri, Rohtas in Dehri Nagar P.S. Case no. 242/2015. shahid (Hemant Kumar Srivastava,J) U T