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Patna High CourtCR. MISC./43323/2021allowed

Rohit Kumar Singh v. The State Of Bihar

2022-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43323 of 2021 Arising Out of PS. Case No.-245 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Rohit Kumar Singh Son Of Santosh Kumar Singh Resident Of VillageKharagi Chhap (Kharji Chhap), Police Station- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have involved in committing a murder of the deceased by making conspiracy and acting as a liner.

Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that during the

Patna High Court CR. MISC. No.43323 of 2021(2) dt.14-09-2022 2/2 course of investigation the police had arrested the petitioner on suspicion but at the time of remand the learned Magistrate released him on P.R. Bond finding no material against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that the informant has not expressed any doubts about the involvement of the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mirganj P.S. Case No. 245 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.