Rohit Kumar @ Golu Kumar @ Rohit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13225 of 2024 Arising Out of PS. Case No.-85 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Rohit Kumar @ Golu Kumar @ Rohit Son of Arun Singh Resident of Mohalla - Mahila College Sherghati, P.S.- Sherghati, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Roushanganj (Banke Bazar) P.S. case No. 85 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in brief, is that some unknown miscreants looted one Scorpio from the informant.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the basis of mobile which was
Patna High Court CR. MISC. No.13225 of 2024(2) dt.05-03-2024 2/3 recovered from the mother of this petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.10.2022 and has eleven criminal antecedents as per para-3 of the present bail application.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Roushanganj (Banke Bazar) P.S. case No. 85 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.13225 of 2024(2) dt.05-03-2024 3/3 (III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T