Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7494 of 2020 Arising Out of PS. Case No.-62 Year-2018 Thana- PIRO District- Bhojpur ====================================================== 1.

ROHIT KUMAR Son of Late Santosh Rai Resident of Village - Basawan Ray Ke Tola, P.S. - Piro, District - Bhojpur. 2.

Vikash Kumar Son of Late Santosh Rai Resident of Village - Basawan Ray Ke Tola, P.S. - Piro, District - Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners in this case are seeking anticipatory bail in connection with Piro P.S. Case No. 62 of 2018 registered for the offence punishable under Sections 307, 384, 386/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that save and except confessional statement of the petitioners, there is no other material to connect them with the alleged offence. It is submitted that the matter has been compromised between the parties on 11.03.2019 and co-accused Gautam Kumar has already been granted anticipatory bail by the learned court below vide A.B.P. No. 1420 of 2018 on 17.09.2018.

Patna High Court CR. MISC. No.7494 of 2020(2) dt.02-03-2020 2/3 Learned APP has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that save and except the confessional statement of the petitioners, there is no other material to connect the petitioners in the present case and the matter has been compromised between the parties on 11.03.2019 based on which co-accused Gautam Kumar has been allowed bail vide A.B.P. No. 1420 of 2018 on 17.09.2018 by learned court below, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Piro P.S. Case No. 62 of 2018 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount to the satisfaction of learned C.J.m., Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.7494 of 2020(2) dt.02-03-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T