Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27183 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== ROHIT KUMAR S/o Rampravesh Prasad R/o village- Janakpur, P.S.- Ben, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Chopra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Laheri P.S. Case No. 79 of 2022 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

As per seizure list, one live cartridge, PAN Card and Bank passbook were recovered from possession of the petitioner. It is alleged that petitioner was apprehended at the spot along with other co-accused.

Learned counsel for the petitioner submits that petitioner is in custody since 14.02.2022 and bears no criminal

Patna High Court CR. MISC. No.27183 of 2022(2) dt.15-06-2022 2/3 antecedent prior to institution of the present case and after the present case, two more cases have been lodged against him. He further submits that petitioner is innocent and has been falsely implicated in the present case by the informant. He further submits that alleged PAN card and Bank passbook belong to friend of the petitioner. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released 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 learned Additional Chief Judicial Magistrate-V, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 79 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

Patna High Court CR. MISC. No.27183 of 2022(2) dt.15-06-2022 3/3 dates would be a ground for cancellation of bail by the learned Trial court itself.

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

(Alok Kumar Pandey, J) shahzad/- U T