Rohit Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58620 of 2022 Arising Out of PS. Case No.-137 Year-2020 Thana- JAMUI District- Jamui ====================================================== ROHIT SAW Son of Rajesh Saw @ Rajeshwar Saw Resident of VillageSingarpur, P.S.- Khaira, District-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

Prosecution case which is based on written statement of informant who runs work of C.S.P. is that the petitioner along with co-accused persons looted the bag containing amount of Rs. 2,29,000/- on point of arms thereafter they fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious or physical possession. He has

Patna High Court CR. MISC. No.58620 of 2022(2) dt.02-02-2023 2/2 also not been put on T.I.P. till date. During investigation, the name of the petitioner came into light on the basis of confession made by one Chhotu Kumar and except this no any consistent material found against him. Moreover, similarly situated coaccused namely, Chhotu Kumar has already been granted bail by a coordinate bench of this court vide order dated 30.7.2021 in Cr. Misc. No. 24285 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 8.10.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamui P.S. Case No. 137 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui. (Sunil Kumar Panwar, J) amandeep/- U T