Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9714 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Rohit Kumar, aged about 22 years, Male, son of Brajesh Kumar Singh, resident of Village- Sitabganj, Police Station- Nayagaon in the District of Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Nayagaon PS Case No.90 of 2024 dated 26.05.2024, instituted under Sections 379, 456 of the Indian Penal Code.

3. The prosecution case, in brief, is that the mobile of the informant was snatched by two unknown criminals.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. FIR has been lodged against unknown. Only on the basis of confessional statement of co-accused, petitioner has been made accused in this case. Nothing has been recovered either from the possession or from the house of the petitioner. It is also

Patna High Court CR. MISC. No.9714 of 2025(2) dt.06-03-2025 2/3 submitted that co-accused Rakesh Kumar has been granted bail. Lastly, it is submitted that the petitioner has one criminal case pending against him.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra, in Nayagaon PS Case No.

Patna High Court CR. MISC. No.9714 of 2025(2) dt.06-03-2025 3/3 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T