Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43262 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- DESARI District- Vaishali ====================================================== ROHIT KUMAR S/O LATE JAGARNATH RAI Resident of Village- Darba, P.s.- Tajpur (O.P Halal), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, five accused persons entered into the house of the informant and after tying her hands and leges looted Rs. 1.20 lac, ornaments, mobile phone and T.V. from the house of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of co-accused Rohit Kumar, which has no evidentiary

Patna High Court CR. MISC. No.43262 of 2022(2) dt.13-02-2023 2/2 value in the eye of law. Several other co-accused persons have already been enlarged on bail vide order dated9.11.2022 passed in Cr. Misc. No. 26800 of 2022 and vide order dated 9.11.2022 passed in Cr. Misc. No. 29612 of 2022. Petitioner is languishing in judicial custody since 24.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Vaishali at Hajipur in connection with Desari P.S. Case No. 30 of 2022.

(Sunil Kumar Panwar, J) sushma/- U