Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46714 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== ROHIT KUMAR S/O SUNIL SINGH R/o village- Pachara, P.S.- Kudra, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Mohania P.S. Case No. 199 of 2021, for the offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

The allegation is recovery of one country made rifle and two live cartridges from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that other co-accused Aman Kumar Singh has already been enlarged on bail by this Court vide order dated 23.03.2022 passed in Criminal

Patna High Court CR. MISC. No.46714 of 2021(3) dt.11-05-2022 2/3 Miscellaneous No. 48051 of 2021. The petitioner is in custody since 30.05.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case taking into consideration the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 199 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.46714 of 2021(3) dt.11-05-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T