Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37972 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== ROHIT KUMAR Son of Phool Dev Thakur Resident of VillageMacchargawa, P.S.- Kotwa, District- East Champaran. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. D.K. Tandon, Advocate.

For the State :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-11-2021 The applicant/accused in Crime No.196 of 2021 registered with Police Station-Motihari Town for the offences punishable under Sections 401 and 414 of the Indian Penal Code at the instance of the first informant A.S.I. Anmol Kumar Yadav is seeking regular bail after filing of the charge-sheet. Heard learned counsel appearing for the applicant/ accused.

He submits that the applicant is not having any criminal antecedent and despite raid by the police, nothing was recovered from his house. He is student and in past, he was already released on provisional bail by this Court vide order dated 04.10.2021.

The learned Additional Public Prosecutor submits

Patna High Court CR. MISC. No.37972 of 2021(3) dt.22-11-2021 2/3 that the motorcycle was recovered from all accused persons and they were not having any paper in respect of that motorcycle. I have considered the submissions so advanced and perused the materials placed before me.

According to the F.I.R., on the basis of the prior information, police raided area of Saheed Park, Raja Bazar, and found five accused persons including the applicant/accused present there. According to the prosecution case, they were having motorcycle without number plate and were not able to produce the paper thereof. From the custody of the applicant, mobile phone came to be seized.

Undisputedly, the investigation of the crime in question is over. Nothing is pointed out by the prosecuting agency to show that the applicant is having criminal antecedent. The applicant is student appearing for B. Com. Examination. He is behind the bar from 18.03.2021.

In this view of the matter, the following order. (i) The application is allowed.

(ii) The applicant/ accused in Crime No.196 of 2021 registered with Police Station-Motihari Town for the offences punishable under Sections 401 and 414 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.15000/-

Patna High Court CR. MISC. No.37972 of 2021(3) dt.22-11-2021 3/3 (Rupees Fifteen Thousand) on furnishing surety in the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against them so as to dissuade them from disclosing such facts to the Court or to any police officer. (II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (A. M. Badar, J) P.S./- U T