Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29099 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Rohit Kumar Son of Gabar Singh Resident of Village- Bara Jairam, P.S.- Chiraiya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya P.S. Case No. 284 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 448, 504 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that accused persons including this petitioner have entered into the house of informant at about 11:30 PM and the petitioner gave knife blow to the son of brother-in-law of the informant, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-02-2024. Petitioner is a

Patna High Court CR. MISC. No.29099 of 2024(2) dt.20-04-2024 2/2 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is delay of four days in lodging of the FIR. Learned counsel for the petitioner submits that there is no allegation of repetition of blow of knife against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. Case No. 284 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T