Rohit Kumar Rai @ Rohit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74664 of 2018 Arising Out of PS. Case No.-326 Year-2018 Thana- BUXAR District- Buxar ====================================================== Rohit Kumar Rai @ Rohit Singh, Son of Bhanu Singh @ Ram Krishna Ray, Resident of Veer Kunwar Singh Colony, Buxar, P.S.- Buxar (Town), DistrictBuxar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Buxar Town P.S. Case No. 326 of 2018 registered for the offence punishable under Sections 147, 148, 149, 302, 307, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.
Informant in his written complaint has alleged that he and Sonu Pal had went to attend the Tilak ceremony, where some altercation took place between Son Pal and Rishi Ojha. And when he and Sonu Pal were on their way to their house and when they reached near Radiant Public School at about 11: 00 P.M. petitioner along with FIR named accused came and Petitioner caught hold on Sonu Pal and Golu Pandey fired from his pistol which hit the chest of Sonu Pal. Anil Pandey fired
Patna High Court Cr.Misc. No.74664 of 2018(3) dt.20-12-2018 2/2 from his pistol on the informant but some how informant save himself.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is a student of B.A. Petitioner has got no criminal antecedent and is in custody since 17.09.2018. 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, Buxar, in connection with Buxar Town P.S. Case No. 326 of 2018 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T