Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45987 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- PANAPUR District- Saran ====================================================== Rohit Kumar S/o- Surendra Kumar Mahto @ Surendra Mahto VillageRasauli, P.S- Panapur, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Panapur P.S. Case No. 139 of 2025 instituted for the offences under Sections 126(2), 109 of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, the petitioner along with an unknown person unlawfully entered the informant's house and brutally assaulted her with a knife on her abdomen, neck and breast due to which she got seriously injured.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that from perusal of the FIR,

Patna High Court CR. MISC. No.45987 of 2025(2) dt.24-07-2025 2/3 it appears that the allegation against the petitioner is of assaulting the victim with knife, however, as per the injury report, the injuries sustained by her are simple in nature. Learned counsel further submitted that there is no repeated blow of knife to the victim and therefore, the petitioner had no intention to cause death and, therefore, Section 109 of the BNS is not attracted against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of injury as also the period of custody undergone by the petitioner, 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Panapur P.S. Case No. 139 of 2025, subject to the following conditions:

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

Patna High Court CR. MISC. No.45987 of 2025(2) dt.24-07-2025 3/3 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) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T