Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56348 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Rohit Raj, Son of Ramawatar Prasad, Resident of Village- Jorarpur, P.S.- Deepnagar, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Advocate For the Opposite Party : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 394 and 302 of the IPC.

FIR alleges that three miscreants entered into the jewellery shop of the informant, fired at him and his brother and looted away some of the ornaments from the shop. Brother of the informant, who received fire injuries, died in course of treatment. Counsel for the petitioner submits that there is nothing incriminating on the record to connect the petitioner with the offence other than his own confessional statement which has been obtained from him by the police under influence. In support of the submission, he relies upon a petition filed before the court of the Chief Judicial Magistrate, Biharsharif, Nalanda (Annexure 3). As per paragraph 3 petitioner is accused in several other cases in which he is already on bail. There is no recovery from the petitioner and other similarly situated co-accused, Gopal Kumar Verma and Miki Singh have already been allowed bail by this Court vide order dated 2.8.2017, passed in Cr.Misc.No. 33845 of

Patna High Court Cr.Misc. No.56348 of 2017 (3) dt.15-12-2017 2017 and petitioner is in custody since 9.1.2017. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Nalanda at Biharsharif in Laheri Police Station Case No. 364 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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