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Patna High CourtCR. MISC./27933/2025bail granted

Rohit Kumar v. The State Of Bihar

2025-08-06Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27933 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- Kanaria District- Saharsa ====================================================== Rohit Kumar Son of Puso Yadav Resident of Village - Ghoghsam, Ward No.- 04, P.S.- Kanaria, District - Saharsa (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate.

For the Opposite Party/s :

Mr.Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kanaria P.S. Case No. 02 of 2025 for the offence punishable under Sections 126(2), 115(2), 109, 134, 303(2) and 3(5) of the BNS and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. Allegation is of recovery of a country made pistol and two live cartridges.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case due to dirty village politics.

Patna High Court CR. MISC. No.27933 of 2025(3) dt.06-08-2025 2/3 He further submitted that there is no allegation of firing or assaulting with lathi against the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 12.01.2025 having clean antecedent.

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

6. Considering the aforementioned facts and circumstances of the case, the petitioner, above named, who is in custody since 12.01.2025, is directed to be enlarged on bail 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 Chief Judicial Magistrate 1st Class, Saharsa / concerned court in connection with Kanaria P.S. Case No. 02 of 2025, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.27933 of 2025(3) dt.06-08-2025 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T