Rohit Kumar @ Lolo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48624 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- DELHA District- Gaya ====================================================== Rohit Kumar @ Lolo Paswan Son of Sanjay Kumar @ Sanjay Paswan Resident of Mohalla - Bageswari Gumti, P.S.- Delha, District - Gaya, Permanent address at Mohalla - Bangla Asthan Pahsi, P.S.- Kotwali, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Delha P.S. case No. 64 of 2024 instituted for the offences under Sections 447, 427, 307, 386, 504, 506, 34 of Indian Penal Code and Sections 27, 25(1B)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that the accused persons including the petitioner, variously armed, came to the house of the informant and started firing on his house. It is further alleged that they demanded extortion money and threatened him of dire consequences.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.48624 of 2025(3) dt.10-09-2025 2/3 petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. The petitioner has been implicated in the present case due to previous enmity. It is also submitted that the petitioner has been implicated only because of his criminal antecedents. There is no independent witness to the seizure list. The petitioner is in custody since 24.12.2024 and has got 11 criminal antecedents in which he is on bail in 10 cases as has been stated in paragraph No. 3 of the bail application. Co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 26.10.2024 passed in Cr. Misc. Nos. 66318 of 2024 and 59893 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP submits that the petitioner has 11 criminal antecedents and he does not deserve bail.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like

Patna High Court CR. MISC. No.48624 of 2025(3) dt.10-09-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Delha P.S. case No. 64 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T