Rohit Kumar Singh @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24486 of 2018 Arising Out of PS.Case No. -838 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rohit Kumar Singh @ Chandan Singh son of Vijay Kumar Singh resident of village - Koluharwa Ward No. 1, P.S. - Town, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Motihari Town PS case no. 838 of 2017 instituted for the offences punishable under Sections 302, 120B/34 of Indian Penal Code and 27 of Arms Act.
The case of the prosecution, according to the informant, is that on 25.11.2017 at about 10.15 am, he had received a call from another mobile and he was informed that his son had been shot dead. Thereafter, the informant is said to have gone at the place of occurrence and brought his son in an injured condition to the hospital where the son of the informant died. It has been alleged by the informant that his son was murdered on
Patna High Court Cr.Misc. No.24486 of 2018 (4) dt.28-05-2018 2/3 account of political rivalry.
The learned counsel for the petitioner submits that the petitioner is a non-FIR named accused person. It is further submitted a bare perusal of the case diary would show that upon examining the CCTV footage, the main assailants have been found to be one namely Cigrate and the other person is Suman Saurabh. It is further submitted that no allegation whatsoever has been leveled during the course of investigation by any of the witnesses, as far as the petitioner herein is concerned. The petitioner is stated to be having a clean antecedent and he is languishing in custody since 09.12.2017.
Per contra, the learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail and have referred to paragraph no. 150 of the case diary which is the statement of the co-accused namely Subodh Kumar. It has been submitted in this regard that the said accused has taken the name of the petitioner to be a person who used to call him on mobile.
Barring the aforesaid statement of the co-accused Subodh Kumar, the learned APP for the State has failed to show from the material on record, anything to suggest the complicity of the petitioner herein in the present case. Admittedly, the main
Patna High Court Cr.Misc. No.24486 of 2018 (4) dt.28-05-2018 3/3 assailants who have been identified in the present case are Cigrate and Suman Saurabh Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town PS case no. 838 of 2017.
(Mohit Kumar Shah, J) rinkee/- U T