Rohit Kumar @ Rohit @ Rohit Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60164 of 2018 Arising Out of PS. Case No.-82 Year-2017 Thana- SIMRI District- Darbhanga ====================================================== Rohit Kumar @ Rohit @ Rohit Kumar Sahu S/o Rameshwar Sahu @ Rameshwar Sah, R/o Vill.- Baliya, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Simari P.S. Case No. 82 of 2017 registered for the offence punishable under Sections 395 of the Indian Penal Code.

Informant has alleged in his written complaint that while he was on his way with his Pick-up Van loaded with Mangoes, five to seven unknown motorcycle borne miscreants stopped the Informant and took away his Pick Up Van forcefully and also snatched Rs. 3000/-.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Nikesh Kumar Jha, who has already been granted

Patna High Court Cr.Misc. No.60164 of 2018(2) dt.10-10-2018 2/3 bail. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 29.11.2017 in Criminal Miscellaneous No. 56390 of 2017 and 04.06.2018 in Criminal Miscellaneous No. 32852 of 2018. Petitioner has got no criminal antecedent and is in custody since 15.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Darbhanga, in connection with Simari P.S. Case No. 82 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.60164 of 2018(2) dt.10-10-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U