Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33043 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Rohit Kumar Son Of Kishori Prasad Sad Resident Of Village -nawada Chowk, Ps -sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 413, 414 of the Indian Penal Code read with Section 25(1-b)a, 26, 35 of the Arms Act and Sections 8(B) and 11© of the N.D.P.S., Act.

As per prosecution case, the petitioner was apprehended on the spot and from his possession one motorcycle, one live cartridge and one knife were recovered and from co-accused persons several articles were also recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.33043 of 2023(3) dt.26-07-2023 2/3 petitioner has no concern with the alleged recovery and merely on the basis of suspicion he has falsely been implicated in this case. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 25.05.2023 passed in Cr. Misc. No. 27940 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 05.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harsidhi P.S. Case No. 159 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.33043 of 2023(3) dt.26-07-2023 3/3