Rohit Kumar @ Rohit Mahto @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20145 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- KOTWA District- East Champaran ====================================================== 1.
ROHIT KUMAR @ ROHIT MAHTO @ RAUSHAN KUMAR SON OF BIRENDRA MAHTO R/O VILLAGE- RUPDIH, P.S.- MUFFASIL MOTIHARI, DISTRICT- EAST CHAMPARAN 2.
PRADEEP MAHTO SON OF BIRENDRA MAHTO R/O VILLAGERUPDIH, P.S.- MUFFASIL MOTIHARI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhurendra Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioners apprehend their arrest in a case registered u/s 147/148/149/323/324/341/307/380/354/504/506 of the IPC. Allegedly, all the FIR named accused persons including the petitioners have assaulted the informant's husband by means of various weapons and when the informant's side tried to rescue him, they were also assaulted. It is alleged that the petitioners took away cash from the house of the informant.
Patna High Court CR. MISC. No.20145 of 2022(2) dt.24-08-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific overt act is against the co-accused Vikash Kumar, Satahu Mahto and Lal Sahab Kumar of assaulting the informant's husband. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Kotwa P.S. Case No.201 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T