Rohit Ram @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42174 of 2024 Arising Out of PS. Case No.-263 Year-2021 Thana- TARAIYA District- Saran ====================================================== Rohit Ram @ Rohit Kumar S/O Rajesh ram R/O Village Phulugani , P.S. Thawe, Distt-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code but charge sheet has been submitted under Sectio 395 of the Indian Penal Code.

The prosecution case in nutshell is that four miscreants came at the shop of the informant and took the key of counter and looted cash of Rs. 15,000/- from the running counter and s. 40,000/- from saving counter. They also looted away mobile, gold ring and

Patna High Court CR. MISC. No.42174 of 2024(2) dt.20-06-2024 2/3 other materials.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Pintu Kumar and Vikky Kumar. Moreover, the petitioner is languishing in judicial custody since 12.04.2023. Similarly situated several co-accused persons have been granted bail by co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.42174 of 2024(2) dt.20-06-2024 3/3 bail, after framing of charge, if not framed, in connection with Taraiya P.S. Case No. 263 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Saran, Chapra.

(Sunil Kumar Panwar, J) nirajkrs/- U T