IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11754 of 2009 ROHIT KUMAR JHA, son of Sri Surendra Kumar Jha, resident of village – Muradpur, P.S. Nauhatta, District – Saharsa Versus STATE OF BIHAR ----------- 04. 28.08.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 12.11.2008 in relation to a case under sections 399 and 402 of the Indian Penal Code. Kotwali (University) P. S. Case No. 693 of 2008 was instituted on the statement of one Arun Kumar Dwivedi who stated that he had confidential information that some outlaws had assembled at a lodge for committing some serious offence on the eve of Deepawali. The police personnel raided the lodge. In one room certain persons were found to be consuming liquor, two persons managed to escape and four persons including the petitioner were apprehended. On search a country made pistol loaded with four cartridges was recovered. There were other recoveries of arms and explosives. It is alleged that they had assembled to probably commit dacoity and therefore, the institution of the present case. Contention of the counsel for the petitioner is that petitioner had been arrested on the basis of mistaken identity. He is a young boy and is prosecuting his studies and even if for the sake of argument, the allegation is accepted as true, it is urged that the petitioner should be given an opportunity to make a change in his life and for which his father is willing to take charge and - 2 - responsibility of his good behaviour. The Court is also assured that in case he is released on bail, he shall desist from committing any crime and if he is found to be implicated in any other case, his bail may be cancelled and he may be taken into custody afresh for his indiscretion. The father of the petitioner is willing to execute sureties of any kind in this regard. He is stated to be a Government servant. Keeping the above submissions and contentions in mind, let the petitioner Rohit Kumar Jha be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (University) P.S. Case No.693 of 2008. One of the sureties will be executed by the father of the petitioner and other by his mother. Petitioner will co-operate in the trial of the case .It is categorically recorded that if any kind of petitioner taking law in his hand comes to the notice of his father or the police authorities, the father has a duty to inform the court and steps thereafter will be taken for cancellation of his bail. rkp (Ajay Kumar Tripathi, J)