Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20756 of 2025 Arising Out of PS. Case No.-203 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Rohit Kumar Son of Laxmi Sah Resident of village - Koshiyar, Police Station - Chauri, District - Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for grant of anticipatory bail which was dismissed by a Co-ordinate Bench of this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 44908 of 2024.

3. The petitioner seeks bail in connection with Charpokhari P.S. Case No. 203 of 2023 instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per prosecution case, the petitioner is alleged to have fired causing fire-arm injury to the brother of the

Patna High Court CR. MISC. No.20756 of 2025(2) dt.17-04-2025 2/3 Informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The petitioner has not committed any offence as alleged in the F.I.R. He further submits that as per injury report, the injury sustained by the injured is simple in nature. The Informant is not the eyewitness to the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 02.12.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. He further submits that there is direct and specific allegation of firing against the petitioner upon the Informant's brother. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

7. Having heard learned counsel for the parties and considering the nature and gravity of the offence as also there being direct allegation of firing against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner,

Patna High Court CR. MISC. No.20756 of 2025(2) dt.17-04-2025 3/3 above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T