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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26263 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== ROHIT KUMAR @ ROHIT KUMAR MANDAL SON OF MANDAL NARESHBHAI RAMAJIBHAI @ NARESH MANDAL Resident of Village - Mal Mandro, P.S. - Mandro, Distt. - Gooda (Jharkhand). Presently residing at Village - Jichho Pokhar, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 385, 387/34 of the Indian Penal Code and Section 25(1-b)a, 26 & 35 of the Arms Act.

Allegedly, petitioner, along with other co-accused persons, is said to have demanded Rangdari from the informant. On objection, they assaulted the informant with lathi-danda and rod. They also threatened him of dire consequences. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to political rivalry. The allegation

Patna High Court CR. MISC. No.26263 of 2023(2) dt.13-07-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. Nothing was recovered from the possession of the petitioner. Petitioner was not present on the spot. It is further submitted that the real fact is that the informant took a huge quantity of soil from the tractor of the petitioner without his permission. On objection for the same, informant lodged the present case against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the argument of the parties, the above named petitioner, be released on bail, in the event of his 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) 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 Sultanganj P.S. Case No. 121 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.