Rohit Kumar @ Rohit Mukhiya @ Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58356 of 2021 Arising Out of PS. Case No.-21 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== Rohit Kumar @ Rohit Mukhiya @ Mukhiya Son Of Girdhari Prasad Yadav Resident Of Village - Sarmaspur, P.S.- Rajauli, District - Nawada. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan For the Opposite Party/s :
Ms. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with S.C. No.22 of 2021 arising out of Govindpur P. S. Case No.21 of 2019, instituted for the offences under Section 302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act. The learned counsel for the petitioner submits that this is the second attempt of the petitioner. Earlier by order dated 07.12.2020 in Cr. Misc. No.20555 of 2020, the bail application of the petitioner was rejected on the ground that it was submitted on behalf of learned counsel for the informant that trial is at the advanced stage and only Investigating Officer is left to be examined in the trial.
The learned counsel for the petitioner submits that the said submission by the learned counsel for the informant
Patna High Court CR. MISC. No.58356 of 2021(2) dt.07-03-2022 2/2 perhaps was made inadvertently because when the bail was rejected earlier at that time even cognizance was not taken by the learned Court below. The learned counsel submits that the allegation against this petitioner is similar to the allegation against Manoj Kumar Mehta @ Manoj Mehta and Yashwant Kumar Mehta, who have been granted bail by order dated 29.02.2020 in Cr. Misc. No.12047 of 2020 and order dated 19.03.2020 in Cr. Misc. No.75146 of 2019.
The learned A.P.P. for the State opposes the bail application.
Considering the period of custody of the petitioner and the fact that subsequently, similarly situated co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Nawada in connection with S.C. No.22 of 2021 arising out of Govindpur P. S. Case No.21 of 2019. The application stands allowed.
(Satyavrat Verma, J) Vikash/- U T