Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46865 of 2026 Arising Out of PS. Case No.-89 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Rohit Kumar, aged about 19 years, Gender, Male, Son of Dhanraj Chauhan Resident of Village- Sangrampur Raimal, PS- Phulwariya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2026 Heard Mr. Indrajeet Bhushan, learned counsel appearing on behalf of the petitioner and Mr. Lalan Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Phulwariya P.S. Case No. 89/2024 registered for the offence(s) punishable under Sections 341,323,325,307,504, and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioner assaulted the informant and his family members, causing injuries.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. There is case and counter case between the parties arising out of same incidence and due
Patna High Court CR. MISC. No.46865 of 2026(2) dt.22-07-2026 2/3 to previous enmity, an altercation took place and both the sides entered into fierce fight, in which, both the sides sustained injuries and in the self-defence, petitioners may have caused some injury on the persons of the informant and his family members. Petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that there is case and counter case between the parties arising out of same incidence and due to previous enmity, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioner may have caused some injury on the persons of the informant and his family members, I am of the opinion that petitioner, who has clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.46865 of 2026(2) dt.22-07-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XVI, Gopalganj / Concerned Court in connection with Phulwariya P.S. Case No. 89/2024 , subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T