Rohit Kumar @ Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20744 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- TARAIYA District- Saran ====================================================== ROHIT KUMAR @ ROHIT KUMAR YADAV Son of Raja Ram Ray Resident of Village-Khaspur, Police Station-Maner, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Taraiya P.S. case No. 414 of 2023 instituted for the offences under Sections 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two unknown miscreants looted the pickup van on the point of pistol.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of self-confessional statement of the petitioner. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that there is a delay of 13 hours in lodging the FIR without plausible explanation, which in

Patna High Court CR. MISC. No.20744 of 2024(2) dt.08-04-2024 2/2 itself, raises doubt over the prosecution story. He further submitted that petitioner has got no concern with the stolen vehicle. He further submitted that looted vehicle has been recovered from the Koilwar Police Station campus. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. case No. 414 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T