Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12600 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== ROHIT KUMAR S/O BIRENDRA SINGH Resident of Village- Krishna nagar, P.S.- Vaishali (Belsar O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There are no consistent evident and no specific overt act against the petitioner in respect of murder to the deceased rather general and omnibus allegation attributed against him. He submitted that informant's son met with accident at the four lane Fem Akuli, Inquest report was made by the Fakuli O.P., and sent to Postmortem of the dead body at

Patna High Court CR. MISC. No.12600 of 2023(3) dt.16-05-2023 2/2 S.K.M.C.H., Muzaffarpur and after Postmortem the dead body was handed over to the informant, thereafter this false and fabricated case has been lodged against the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 01.05.2023 passed in Cr. Misc. No. 15231 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Muzaffarpur (West) in connection with Kudhni P.S. Case No. 478 of 2022. (Sunil Kumar Panwar, J) arish/- U T