Rohit Yadav @ Rohit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13574 of 2024 Arising Out of PS. Case No.-503 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Rohit Yadav @ Rohit Kumar Yadav Son of Mahesh Yadadv R/o VillageAbdullapur, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Adv.
For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bahadurpur P.S. Case No.503 of 2022 lodged under Sections 448, 341, 323, 324, 302, 427, 380 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against seven named accused persons including the petitioner and against all of them, there is allegation that they have indiscriminately attacked by the knife and dagger on the informant's mother who died during treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the general and omnibus allegation has been made and nothing specific has alleged against the petitioner.
Patna High Court CR. MISC. No.13574 of 2024(3) dt.26-04-2024 2/3
5. Counsel for the petitioner submits that petitioner is in custody since 03.01.2024 having four criminal antecedent in which he is on bail
6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court as well as by this Court and the copies of the same are attached as Annexure-P/3 of the bail petition. He further submits that two accused persons have been granted anticipatory bail also.
7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner's antecedent is not clean. There are 4 criminal cases pending against him. Counsel also submits that this is a case of 2022 and petitioner was absconding and surrender and came into custody in January 2024.
8. Upon specific query whether charge has been framed or not. Counsel submits that he is not aware about the framing of charge.
9. Learned counsel for the State opposes the prayer for bail and submits that petitioner's antecedent is not clean and at the time of granting bail to the petitioner, this aspect may be taken into consideration.
10. . In the present facts and circumstances of this
Patna High Court CR. MISC. No.13574 of 2024(3) dt.26-04-2024 3/3 case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected at present.
11. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail 6 months after framing of charge.
(Dr. Anshuman, J.) Prakashmani/- U T