Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8288 of 2022 Arising Out of PS. Case No.-303 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== ROHIT KUMAR SON OF SRI BALENDRA KUNWAR RESIDENT OF VILLAGE- KODARKATTA P.S. MOTIPUR DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-06-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 397, 398, 400, 353, 307, 120(B) of the Indian Penal Code Allegation against the petitioner and other miscreants is to commit robbery in the Bank of Baroda and during that course, there was exchange of firing between the police and miscreants and due to this the petitioner got injured and one accused, Prince Kumar, died during the course of treatment.

Patna High Court CR. MISC. No.8288 of 2022(2) dt.29-06-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.09.2022. The other accused person has already been granted bail by this Court vide order dated 22.06.2022 passed in Cr. Misc. No. 8278 of 2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd West, Muzaffarpur, in connection with Motipur P.S. Case No. 303/2021, with following conditions:-

(1) One of the bailors must be close relative of the petitioner.

(2) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.8288 of 2022(2) dt.29-06-2022 3/3 cause, the bail bond of the petitioner will liable to be cancelled.

(3) If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T