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Patna High CourtCR. MISC./38061/2024bail granted

Rohit Kumar @ Rohit Paswan v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38061 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rohit Kumar @ Rohit Paswan Son of Balindar Paswan Resident of Village -Chak Baladhari(Balba Koari), P.S.- Sadar Hajipur, District -Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 658/2023 arising out of Hajipur Sadar P.S. Case No. 135/2023 dated 04/03/2023 registered for the offences punishable under Sections 147, 148, 149, 384 and 386 of the I.P.C and Sections 3 and 4 of the Explosive Substance Act.

3. As per the prosecution case, 7-8 unknown miscreants are alleged to have come to the newly constructed house of the informant and started firing. On protest, they replied that the informant needs to give rangdari as he has made a new house. Thereafter, they exploded two bombs near the

Patna High Court CR. MISC. No.38061 of 2024(4) dt.25-09-2024 2/3 house of the informant's neighbour and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self- confessional statement recorded in Hajipur Sadar P.S. Case No. 120 of 2023. No T.I.P has been conducted by the prosecution. The petitioner has 12 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 26.05.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with S.Tr. No. 658/2023 arising out of Hajipur Sadar P.S. Case No. 135/2023, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.38061 of 2024(4) dt.25-09-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T