Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38860 of 2024 Arising Out of PS. Case No.-277 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Rohit Kumar Son of Ramesh Kumar Singh Resident of Village- Chandralay, P.S- Hajipur Town, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Adv For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 277/2019 dated 18.10.2019 registered for the offence punishable u/s 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle overtook the motorcycle of the informant and they looted the motorcycle of the informant. On being protested, they also fired which hit the knee of the informant causing severe injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38860 of 2024(2) dt.23-08-2024 2/3 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Pintu @ Nikesh @ Ravana. The injury which is sustained by the informant is simple in nature. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 04.04.2024 passed in Cr. Misc. No. 74909 of 2023. The petitioner has four criminal antecedents as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 277/2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

Patna High Court CR. MISC. No.38860 of 2024(2) dt.23-08-2024 3/3 (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 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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