Rohit Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63642 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== ROHIT ROY SON OF PATHO ROY R/O VILL.- GANGA PRASAD, WARD NO. 12, P.S.- BARAUNI (CHAKIYA O.P.), DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Barauni (Chakiya) P.S. Case No. 140 of 2022 registered under sections 392 and 397 of the Indian Penal Code.

Prosecution case in short is that when the informant was going to Purnea with his tractor and when he reached near Railway Gumti, in the meantime, two miscreants on one motorcycle came and robbed his tractor and 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 due to ill motive. Petitioner is not named in F.I.R. rather his name came into light in this

Patna High Court CR. MISC. No.63642 of 2022(2) dt.20-02-2023 2/2 case on the basis of confessional statement of co-accused Golu Jha before the police. Nothing incriminating article has been recovered either from the house of the petitioner or his conscious possession and also he has not been put on T.I.P. Similarly situated other co-accused persons has already been granted bail by the different co-ordinate Bench of this Court vide order dated 16.12.2022 in Cr. Misc. No. 55879 of 2022. The petitioner is languishing in judicial custody since 18.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barauni (Chakiya) P.S. Case No. 140 of 2022 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 Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T