Patna High CourtCR. MISC./80328/2019bail granted

Rohit Kumar @ Buchchi v. The State Of Bihar

2020-03-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80328 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== ROHIT KUMAR @ BUCHCHI Son of Laxmi Mahto Resident of VillageSakrouli, P.S.-Cheriya Bariyarpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons shot at the son of the informant due to which he died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.7.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of recovery of mobile phone which is alleged to be of the deceased. The said mobile

Patna High Court CR. MISC. No.80328 of 2019(3) dt.17-03-2020 2/2 phone has not been put on T.I.P. to ascertain that the same belongs to the deceased or not. Except for this, there is no other substantive evidence to suggest his implication in the present case. Other co-accused has been granted bail vide order dated 17.12.2019 passed in Cr. Misc. No. 65258 of 2019. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 01/2019.

(Sudhir Singh, J) Pankaj/- U T