Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1436 of 2022 Arising Out of PS. Case No.-641 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ROHIT KUMAR Son of Ramesh Kumar Singh Resident of Village - Ajit Nagar Chandralay, P.S.- Hajipur Sadar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivanand Singh, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the accused Randhir Kumar used to make regular call to the informant with respect to purchase of a piece of land to which the informant did not pay attention. It is stated that subsequently two unknown accused persons with their face covered shot at the informant injuring him in his right shoulder and waist. Both of them escaped.

It is submitted by learned counsel for the petitioner that F.I.R. was registered against accused Randhir Kumar and two unknown accused persons. Referring to the order of the learned trial court, it is submitted that the name of the petitioner

Patna High Court CR. MISC. No.1436 of 2022(2) dt.09-06-2022 2/2 and one Chandan Kumar transpired in the confessional statement of co-accused Randhir Kumar made before police. The said Randhir Kumar has been enlarged on bail vide order dated 4.2.2021 (Annexure-2) by the learned court below while Chandan Kumar has been enlarged on bail vide order dated 13.8.2021 (Annexure-3) passed in Cr. Misc. no.30259 of 2021. The petitioner is in custody since 17.12.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Randhir Kumar on whose confessional statement before the police the name of the petitioner transpired, the petitioner having remained in custody for 1 year 5 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Sadar P.S. Case no.641 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T