Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19487 of 2024 Arising Out of PS. Case No.-471 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ROHIT KUMAR Son of Suresh Prasad @ Lalit Prasad Gupta Resident of Village and P.O.-Benwalia, P.S.-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayashankar Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

3. Allegedly, all the accused persons including this petitioner are said to have stolen household articles from the house of informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He is not named in the FIR. No any

Patna High Court CR. MISC. No.19487 of 2024(2) dt.02-04-2024 2/2 theft article or incriminating article has been recovered from the possession of the petitioner or from his house. His name has been transpired in the present case on the basis of the confessional statement of co-accused Amrendra Kumar Ram. There is no any cogent material available on record to show the complicity of the petitioner in the present case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ara Muffasil P.S. Case No. 471 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T