← Library
Patna High CourtCR. MISC./59129/2021allowed

Rohit Kumar v. The State Of Bihar

2022-07-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59129 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- MALSALAMI District- Patna ====================================================== Rohit Kumar Son Of Raju Prasad Yadav Resident Of Village - Marufganj Bari Devi, P.S.- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Petitioner is said to have assaulted the informant resulted into head injury.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter

Patna High Court CR. MISC. No.59129 of 2021(2) dt.05-07-2022 2/2 case between the parties and both sides have sustained injury. The injuries found upon the victim is simple in nature. He submits that there is not specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the fact that there is no specific overt act against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Malsalami P.S. Case No. 105 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T