Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11248 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== ROHIT KUMAR Son of Birbal Thakur @ Birbal R/o Mohalla- Ghoshi Tola, P.S.- Kasim Bazar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Kasim Bazar P.S. Case No. 163 of 2022 registered for the offences under sections 385, 387, 307 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 18.06.2022 by the informant, Vina Devi.

The prosecution case, in brief, is that the informant, Vina Devi in her fardbayan at Sadar Hospital, Munger before the Officer-in-charge of Kasim Bazar Police Station on 17.06.2022 at 21.45 hrs stated that when she was standing out side of her Kirana Shop, at that time, co-accuseds, Rohit

Patna High Court CR. MISC. No.11248 of 2023(2) dt.10-05-2023 2/2 Kumar, Anant Mandal and Gappu reached at her shop and asked to give a water bottle. Thereafter her son provided water bottle and demanded Rs. 20 after which by the order of accuseds, namely, Askash Kumar and Harshvardhan, Rohit, Anant and Gappu opened fired upon her son as the informant hide herself under the counter after hearing the sound of fire. Thereafter, her husband came to the shop on hearing the sound of fire but he too was also assaulted. Thereafter, they were brought to Sadar Hospital Munger from where they were refereed for better treatment. Accordingly, the FIR. The allegation in the FIR is that for a pity matter, the informant's son demanding Rs. 20/- for a water bottle the petitioner and the other accused persons opened fire, the informant saved herself, while her husband came out and suffered injury.

Considering the aforesaid fact as also that the petitioner has criminal antecedent, this Court is not inclined to extend him privilege of bail for the present, which is accordingly rejected.

(Rajiv Roy, J) Neha/- U T