Rohit Kumar @ Sukli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33047 of 2020 Arising Out of PS. Case No.-787 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== ROHIT KUMAR @ SUKLI Son of Late Laxman Ram Resident of MohallaAmbedkar Bhawan, Nala Road, Police Station- Kadamkuan and DistrictPatna. ... ... Petitioner.

Versus

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

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate.

For the State :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Kadamkuan P.S. Case No.787 of 2019 registered under Sections 307 and 324/34 of the Indian Penal Code.

The accusation is that on 06.12.2019, the informant Rahul Kumar was returning to his house from Langtoli. When the informant reached near Babu Smarak Primary School, Nala Road, then Rohit Kumar alias Sukli (petitioner) called him from inside the school saying the informant that he will return his due money today. At that time, Rohan Kumar alias Bauna was also present there. When the informant entered into the school, then the petitioner caught hold of him from behind and started to cut his neck through knife but, anyhow, the informant tried to set free himself but Rohan Kumar

Patna High Court CR. MISC. No.33047 of 2020(3) dt.18-12-2020 2/2 caught hold of him saying the petitioner to cut the neck of the informant. Thereafter, the informant raised alarm and when the mother of Banti and others came there, then both fled away from there. The cause of occurrence is that the informant had given cash Rs.4500/- to the petitioner but the same was not returned to the informant by him.

Learned counsel appearing on behalf of the petitioner submits that due to Mohalla dispute, the petitioner and Rohan Kumar alias Bauna have falsely been implicated in this case. The petitioner has no criminal antecedent and is in custody since 27.01.2020. On investigation, while the police has already submitted the charge-sheet against the petitioner but the injury report of the informant is not attached with the case diary.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 the Sub Judge-XII-cum-Additional Chief Judicial Magistrate, Patna, in connection with Kadamkuan P.S. Case No.787 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T