Rohit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42346 of 2025 Arising Out of PS. Case No.-60 Year-2024 Thana- BASANHI District- Saharsa ====================================================== 1.

Rohit Singh S/o Sri Bedo Singh @ Bedanand Singh Resident of villagekhapur, P.S.- Ratwara (Alamnagar), District- Madhepura (Bihar) 2.

Jhapta Singh @ Jhaptu Singh S/o Late Ramotar Singh Resident of villagekhapur, P.S.- Ratwara (Alamnagar), District- Madhepura (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Basanahi P.S. Case No. 60 of 2024 instituted for the offences under Sections 307, 447, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The informant alleged that on 27.03.2025, two masked youths on a bike fired at him while he was at his fertilizer shop but missed the target.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.42346 of 2025(7) dt.03-11-2025 2/3 transpired in this case during investigation. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that no injury has been sustained to any person in the alleged occurrence. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.10.2024. Petitioner no. 1 has nine criminal antecedents whereas petitioner no. 2 has seven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basanahi P.S. Case No. 60 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

Patna High Court CR. MISC. No.42346 of 2025(7) dt.03-11-2025 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) Petitioners shall not leave the territorial jurisdiction of the learned court below without taking prior permission of the court concerned.

(Rudra Prakash Mishra, J) Alok Verma/- U T