Rohit Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10613 of 2025 Arising Out of PS. Case No.-611 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Rohit Kumar Pandey Son of Ashok Kumar Pandey Resident Of D.R.L.R. Colony, Zaki Bigha @ Jaki Bigha Gangauli, PS- Dehri (T), Distt.- Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 103 & 3(5) of the Bharatiya Nyaya Sanhita.

3. Informant suspects that co-accused Raja Kumar along with other F.I.R. named accused persons including this petitioner committed murder of his son.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Informant is not eyewitness to the alleged occurrence. Name of the petitioner transpired during course of investigation in the confessional statement of co-accused Raja Kumar, which has got no evidentiary value in the eye of law. He further submits that even in the confession of co-accused Raja Kumar, this petitioner was simply present at the

Patna High Court CR. MISC. No.10613 of 2025(2) dt.20-02-2025 2/2 place of occurrence and no role has been attributed to the petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner and submits that as per mobile tower location, petitioner was present at the place of occurrence along with other accused persons, who committed murder of informant's son.

6. Considering the fact that name of the petitioner transpired only in the confession of co-accused and no role has been attributed to this petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri (T) P. S. Case No. 611 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T