Rohit Sah v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2302 of 2017 (03) dt.11-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2302 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================

1. Rohit Sah, Son of Sri Akhileshwar Sah, Resident of N.C. Chatterji road, Mundichak, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjan Kumar Jha-Advocate For the Respondent/s : Mr. Sadanand Paswan-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-10-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Vide order dated 28.02.2017 passed in Cr. Appeal (S.J.) No.969 of 2016 (Annexure-1), prayer for bail of appellant was rejected with a liberty that if so advised, may renew after examination of Govind Kumar, son of Pramod Kumar Gupta, who has been examined as PW-4 (Annexure-4 series). After going through the same, it is apparent that he had not claimed identification of assailant of the deceased.

That being so, appellant, Rohit Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Bhagalpur

Patna High Court CR. APP (SJ) No.2302 of 2017 (03) dt.11-10-2017 in connection with Sessions Trial No.672 of 2016/ 673 of 2016 arising out of Sabour P. S. Case No.63 of 2016. Consequent thereupon, instant appeal is allowed. (Aditya Kumar Trivedi, J) Vikash/- U T