Rohit Kumar @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7309 of 2023 Arising Out of PS. Case No.-424 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== ROHIT KUMAR @ PRINCE KUMAR S/O RAM BILASH PASWAN @ RAM VILASH PASAWAN Resident of Village- Asthan, Pahasi, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shweta Anand For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 424 of 2018 dated 03.09.2018, disclosing offences under Sections 307/323/341/354/379/34 of the Indian Penal Code. The prosecution case, on the basis of the First Information Report, is that while the informant was coming along with his wife and son and was having refreshment in a shop, two persons arrived on the motorcycle and three other persons also joined them. They started teasing the wife of the informant. Upon protest being made, they abused the informant and assaulted him with the butt of the pistol and fled away along

Patna High Court CR. MISC. No.7309 of 2023(3) dt.29-05-2023 2/3 with golden chain of informant's wife and some amount. Upon enquiry, the informant came to know that the petitioner along with other accused persons were involved in the incident. Learned Counsel for the petitioner submits that the petitioner is innocent and has been implicated in this case due to local politics. He next submits that the petitioner is a student of B. Com. and has no criminal antecedents. The allegations against the petitioner, who is aged about 25 years, is general and omnibus in nature.

Regards being had to the submissions made on behalf of the parties and taking into consideration the generality of the allegations and the fact that the petitioner has got no criminal antecedents and he is a student of B.Com., accordingly, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No. 424 of 2018,

Patna High Court CR. MISC. No.7309 of 2023(3) dt.29-05-2023 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U