Osho Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33304 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -RUPAULI District- PURNIA ====================================================== Osho Rishi Son of Late Dina Rishi, Resident of village- Turki, P.S. Bhawanipur, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bishwanath Prasad Singh For the Opposite Party : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that ten unknown miscreants, after entering into the house of the informant, looted away Rs. 30,000/- . The accused persons also fired upon the two sons of the informant, causing them injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2015. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.33304 of 2016 (3) dt.28-09-2016 2/2 witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. In course of investigation, the witnesses, in para-8, 9 and 12 of the case diary have claimed to have identified the petitioner and others. The occurrence is said to have taken place between 12.00 to 1.00 A.M. in the night. No source of identification has been disclosed by the said witnesses. The petitioner has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 Sri Pranav Kumar Bharati, learned Additional Chief Judicial Magistrate, Purnea, in connection with Rupauli P.S. Case No. 156 of 2015. (Sudhir Singh, J.) Amit/- U T