Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16555 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Rohit Kumar S/o- Vashisth Ray, Resident of Village- Lawapur P.S.- Mahnar, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahnar P.S. Case No. 119 of 2022 dated 12.05.2022, lodged under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code but later on Section 302 of the Indian Penal Code was also added.

As per prosecution case, the F.I.R. has been lodged against 8 named accused persons.

Learned counsel for the petitioner submits that from the contents of F.I.R. it transpires that there is nothing specific against anyone including the present petitioner rather a general and omnibus allegation has been made which resulted into

Patna High Court CR. MISC. No.16555 of 2023(2) dt.10-05-2023 2/2 injury of the victim who was subsequently died during treatment, as such, the case of Section 307 of Indian Penal Code was subsequently converted into Section 302 of the Indian Penal Code with other sections. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is in custody since 26.05.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 119 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T