Rohit Kumar @ Ramsurat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16594 of 2024 Arising Out of PS. Case No.-752 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Rohit Kumar @ Ramsurat Kumar son of Anandi Singh Village- Nadiyawan Ps-Ramgarh Chowk Dist-Lakhisarai 2.

Anandi Singh son of Udho Singh Village- Nadiyawan Ps-Ramgarh Chowk Dist-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the F.I.R., on 28.9.2023, informant received an information that his younger brother namely Subodh Singh has died at Sadar Hospital, Lakhisarai and when the informant reached the hospital, he found severe injuries on the body of his brother and hence, F.I.R. was lodged against the unknown.

4. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. and their name transpired during course of investigation on the basis of confessional

Patna High Court CR. MISC. No.16594 of 2024(4) dt.09-07-2024 2/2 statement of one tempo driver Vandan Kumar who stated that on information by the village Sarpanch, he reached at the house of Subodh Singh where he heard that these petitioners committed murder of the deceased. It is next submitted that the driver has not disclosed the source of information and these petitioners have been made accused only on suspicion. There is no other material available on record to show complicity of these petitioners in the alleged occurrence. Petitioners claim clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P. S. Case No. 752 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T