Rocky Kumar @ Rockey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19720 of 2025 Arising Out of PS. Case No.-1651 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Rocky Kumar @ Rockey Kumar S/o Sri Prem Kumar @ Prem Kumar Yadav Resident of village- Chhoti Badalpura, P.s.- Khagaul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Purushhotam Kumar, Advocate Ms. Kajal Kumari, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in brief, is that one Suresh Kumar Singh alleged that on 24.10.2024 at about 1:00 P.M., when the informant's son was returning home after picking up his child from school bus, then the informant's grandson shouted that three persons are firing upon his father. Upon hearing such sound, the informant ran towards the place of occurrence where

Patna High Court CR. MISC. No.19720 of 2025(3) dt.09-07-2025 2/3 he found that his son got gunshot injury at several places in abdomen and neck. The informant tried to take his son to hospital, but his son died on the way.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. The petitioner is not named in the F.I.R and has been implicated in this case only on the basis of confessional statement of Rohit Kumar. He further submits that during course of investigation, it was found that the tower location of mobile phone of the petitioner was not present on or near the so-called place of occurrence at the time of alleged occurrence.

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

6. Considering the facts and circumstances of the case and materials available on record, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.19720 of 2025(3) dt.09-07-2025 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna in connection with Phulwarisharif P.S. Case No. 1651 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T