Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25299 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== ROHIT KUMAR Son of Ravindra Mahto Resident of Village - Simra, Madarsa Tola, P.S.- Piyar, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner apprehends his arrest for the offences alleged under Sections 399/402 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act registered in connection with Piyar P.S. Case No. 34 of 2020.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Mahesh Sahni, except which there is no objective material to connect the petitioner with the alleged occurrence. The petitioner was not present at the spot and recovery of one live pistol and four cartridges has been made from the said coaccused Mahesh Sahni. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.25299 of 2020(3) dt.25-11-2020 2/2

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with Piyar P.S. Case No. 34 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T