Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4864 of 2024 Arising Out of PS. Case No.-669 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rohit Kumar Son Of Ram Kumar Das R/O Village- Ismailpur, P.S.- Sadar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anirudh Kumar Sinha, Advocate For the State :

Mr. Sheo Nandan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 669 of 2023 instituted for the offence under Sections 379 of the Indian Penal Code. 3.

Prosecution case in short is that on 30-08-2023, when informant had gone to bought some sweets, he parked his scooty but when he returned, he did not found his scooty. 4.

It has been submitted on behalf of the petitioner that the petitioner has been remanded in this case on 30-092023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.4864 of 2024(2) dt.02-02-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Petitioner was merely sitting on the alleged stolen scooty along with other co-accused, namely, Nitin Kumar. On the basis of confessional statement of co-accused, namely, Nitin Kumar, he has been dragged in this case due to extraneous consideration.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 669 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.4864 of 2024(2) dt.02-02-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T