Rohit Yadav @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6052 of 2025 Arising Out of PS. Case No.-680 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Rohit Yadav @ Rohit Kumar S/O Shambhu Yadav R/O Village/MohallaKrishna Nagar (Abhanda) Ward No.40, P.S.- Laheriasarai, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2025 Heard Mr. Kedar Jha, learned counsel appearing on behalf of the petitioner and Mr. Mohammad Sufyan, learned APP appearing on behalf of the State.
2. Petitioner seeks regular bail in connection with Laheriasarai P.S. Case No. 680 of 2022 registered for offences punishable under Sections 452, 341, 323, 354B, 307, 379, 427, 504, 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner along with other co-accused entered into the house of the informant and assaulted the informant and his family members.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submitted that sister of the petitioner fled away with the
Patna High Court CR. MISC. No.6052 of 2025(3) dt.19-03-2025 2/3 son of the informant namely Ashok Rai. Knowing about the same the petitioner went to the house of the informant and started abusing the said Ashok Rai, who then tried to escape from there and fell down in a narrow passage of 3 feet breadth, resulting in his injury. Learned counsel further submitted that a concocted story has been made up to implicate the petitioner in a false case. The petitioner has clean antecedent and he is in custody since 27.11.2024. On these grounds, the petitioner seeks to be released on bail.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of allegation made against the petitioner in the FIR, as well as, the fact that the petitioner is having clean antecedent and he is in custody since 27.11.2024, I am of the opinion that the petitioner, prima facie, has made out a case to be released on bail.
7. The petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/concerned court in connection with Laheriasarai P.S. Case No. 680 of 2022 subject to the following
Patna High Court CR. MISC. No.6052 of 2025(3) dt.19-03-2025 3/3 conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T