Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33797 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- KARPI District- Arwal ====================================================== Rohit Kumar S/o Uday Sao R/o Village- Karpi, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-09-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Karpi P.S.Case no.38 of 2025 registered for the offence punishable under sections 338, 336(3), 340(2),318(4) and 317(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, on being signalled to stop, it is stated that three persons who were coming on a motorcycle stopped and made an attempt to escape. While two of them managed to escape one accused was arrested. It is further stated that the accused who were arrested disclosed the

Patna High Court CR. MISC. No.33797 of 2025(3) dt.10-09-2025 2/3 name of other two persons who managed to escape which included the petitioner herein. On enquiry it transpired that the vehicle on which the accused were travelling was a stolen vehicle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The only material against him is the statement of a coaccused made before the police. No incriminating article has been recovered from the petitioner's possession. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the name of the petitioner transpiring in the statement of the coaccused made before the police, no incriminating article having been recovered from the petitioner's possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Karpi P.S.Case no.38 of 2025 on furnishing

Patna High Court CR. MISC. No.33797 of 2025(3) dt.10-09-2025 3/3 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, Arwal, (Jehanabad). (Partha Sarthy, J) Bibhash/- U