Patna High CourtCR. MISC./31720/2025bail granted

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

2025-05-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31720 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Rohit Kumar Singh @ Rohit Kumar S/O- Ram Kumar Singh Village- Naya Tola Madhopur Ps- Bakhtiyarpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sohsaray P.S. Case No. 175 of 2024, instituted for the offences punishable under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, during course of vehicle checking, the police apprehended the petitioner along with other co-accused persons and recovered Rs. 50,000/- cash, two mobile sets, one loaded country made pistol and four live cartridges from the possession of this petitioner.

Patna High Court CR. MISC. No.31720 of 2025(3) dt.09-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The recovered cash and mobile phone belongs to the petitioner. The petitioner is in custody since 25.07.2024 and has got four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 13.02.2025 passed in Cr. Misc. No. 6115 of 2025.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.31720 of 2025(3) dt.09-05-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sohsaray P.S. Case No. 175 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T