Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46430 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- Bahera OP District- Gaya ====================================================== ROHIT KUMAR SON OF AKHILESH SINGH RESIDENT OF VILLAGE - AMIN, P.S. - HUNTERGANJ, DISTRICT - CHATRA (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bahera P.S. Case No. 35/2024 dated 12.05.2024 registered for the offence/s punishable under sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 332, 333, 353, 414, 420, 467, 468 of the Indian Penal Code and section 27 of the Arms Act and u/ss 30(a), 41, 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have formed an unlawful assembly and made hindrance in discharging the official duty. They also assaulted the police party with lathi, danda and stones

Patna High Court CR. MISC. No.46430 of 2024(2) dt.03-07-2024 2/3 causing injuries to them. It is further alleged that the co-accused Santosh Kumar fired on the police party which did not hit anyone and thereafter police recovered four motorcycles, two mobiles, two empty cartridges from the place of occurrence. It is further alleged that total 14 litres of country made liquor was also recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the member of mob. The petitioner is neither the driver nor the owner of the said vehicles. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per impugned order, the petitioner is in custody since 13.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Bahera P.S. Case No. 35 of

Patna High Court CR. MISC. No.46430 of 2024(2) dt.03-07-2024 3/3 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T