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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20005 of 2023 Arising Out of PS. Case No.-429 Year-2021 Thana- TARAIYA District- Saran ====================================================== Rohit Kumar @ Rohit Kumar Prasad, S/o Brij Kishor Prasad, R/o-Village and P.O.-Maricha, P.S.-Sahajitpur, Dist-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial no.505/2022 (arising out of Taraiya P.S. Case no. 429/2021) registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four accused persons forcibly dispossessed the informant of his mobile phone and other articles as mentioned in the F.I.R.

4. It is submitted by learned counsel for the petitioner that the F.I.R was registered against four unknown. Referring to the order the learned trial Court, it is submitted that the name of the petitioner transpired on his own confessional statement made before the police. No incriminating article has been recovered from the petitioner's possession who is in custody

Patna High Court CR. MISC. No.20005 of 2023(2) dt.16-05-2023 2/2 since 13.1.2022 and charge-sheet has been submitted in the case. The cause of false implication of the petitioner is his antecedents.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the petitioner having been implicated in the case on the basis of his own confessional statement made before police, no incriminating article having been recovered from the petitioner's possession, his being in custody for more than 1 year 4 months since 13.1.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Session Trial no.505/2022 (arising out of Taraiya P.S. Case no.429/2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, District-Saran.

(Partha Sarthy, J) avinash/- U T