Rohit Sahni @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70032 of 2023 Arising Out of PS. Case No.-224 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Rohit Sahni @ Gautam Kumar S/O Musafir Sahni R/O Village- Kajipur Thathari, Ps. Hajipur Sadar, Dist. Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 364, 120B of the Indian Penal Code and Sections 13, 16, 19 and 20 of the U.A.P. Act.
3. As per prosecution case, the husband of the informant told his wife that he was surrounded by the accused persons who wanted to kill him. When the informant along with co-villager came there, they saw the FIR named accused persons holding pistol and were standing near the bridge and they told
Patna High Court CR. MISC. No.70032 of 2023(3) dt.31-01-2024 2/3 her to return back otherwise they would also be killed and the accused persons made slogan against the administration.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. During investigation, there is no specific allegation agaisnt the petitioner rather his name has come into light on the basis of suspicion and due to his criminal antecedents. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.07.2023 passed in Cr. Misc. No. 34761 of 2023. He is languishing in judicial custody since 19.12.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.70032 of 2023(3) dt.31-01-2024 3/3 Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Patepur P.S. Case No. 224 of 2018.
(Sunil Kumar Panwar, J) Arish/- U T