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Patna High CourtCR. MISC./43156/2024allowed

Rohit Kumar @ Champak @ Pandit Ji v. The State Of Bihar

2024-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43156 of 2024 Arising Out of PS. Case No.-215 Year-2021 Thana- DHANARUA District- Patna ====================================================== ROHIT KUMAR @ CHAMPAK @ PANDIT JI S/O LATE SIDHNATH SHARMA R/O VILLAGE- NEEMA, P.S- DHANARUA, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 147, 149, 363, 364, 302, 201 of the IPC.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have kidnapped and killed the husband of the informant and concealed his dead body.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner is not named in

Patna High Court CR. MISC. No.43156 of 2024(2) dt.02-08-2024 2/2 the FIR. His name has been surfaced in the present case on the basis of the confessional statement of co-acused Rahul Raj Sharma, who has been granted regular bail by a co-ordinate Bench of this Court vide order dated 25.08.2022 in Cr. Misc. No. 17088 of 2022. He further submits that petitioner has six criminal antecedents and he is in custody since 22.03.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the fact that petitioner was made accused in the present case merely on the basis of the confessional statement of the apprehended co-accused, namely, Rahul Raj Sharma, who has been granted regular bail by a coordinate Bench of this Court, the above named petitioner is directed to be enlarged on bail 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 Dhanarua P.S. Case no. 215 of 2021.

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