Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41114 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== ROHIT KUMAR S/o Hare Ram Singh R/o Vill.- Naokothi, P.S.- Naokothi, Dist. Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 147, 148, 323, 324, 307, 385, 420, 467, 468, 354, 504, 506, 120(B) of the IPC.

Allegedly, the accused persons named in F.I.R. including the petitioner assaulted the informant with sticks. Petitioner is said to have pressed the informant's throat with intent to kill. They threatened the informant's side to kill entire family members. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. There is

Patna High Court CR. MISC. No.41114 of 2022(2) dt.24-11-2022 2/2 general and omnibus allegation against the petitioner. There is civil dispute between two brothers. It is submitted that informant and Suchi Kumar are agnates and when the informant started selling the joint family land without any partition, then Suchit Kumar Singh has filed a partition Suit against the informant as such, this case has been lodged against the petitioner and others with malafide intention. Petitioner has purchased the land from Suchit Kumar Singh and that is why he has been made accused in this case. Allegation of causing sharp cut injury is false. Petitioner has four criminal antecedents. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the dispute is of civil nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Naokothi P.S. Case No.26 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T