Rohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50180 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Rohan Kumar S/o Arun Kumar Yadav R/o Village- Chechar, Paschimi Tola, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar For the Opposite Party/s :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. This is the first bail application for grant of anticipatory bail of the petitioner apprehending his arrest in connection with Bidupur P.S. Case No. 404 of 2024 registered for the offence under Sections 308(3) and 308(5) of the Bharatiya Nyaya Sanhita.
3. According to the case of prosecution, it is alleged that on 19.07.2024 at about 11.34 A.M. a threatening call has been received by the husband of the informant Rajiv Kumar. Allegedly the said call has been received from one mobile no. 7370081104. On the basis of complaint made by Rina Devi i.e. wife of Rajiv Kumar, offence has been registered.
4. It is submitted by the learned counsel for the
Patna High Court CR. MISC. No.50180 of 2025(2) dt.11-08-2025 2/3 petitioner that false and fabricated allegations have been registered against the petitioner. He further submits that the first information report is of only on 20.07.2024, even after completion of one year, the police has not yet collected any evidence, which shows that the mobile no. 7370081104 is in the name of the petitioner. He categorically submits that the said mobile is never belonged to the petitioner nor he called the husband of the informant.
5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.
6. Heard.
7. Perused the records and other materials available on record.
8. Taking into consideration the above submissions made by the counsel for the petitioner, I am of the view that it is a case where the applicant petitioner should be granted benefit of anticipatory bail.
9. Accordingly, the application is allowed.
10. Let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.50180 of 2025(2) dt.11-08-2025 3/3 like amount each to the satisfaction of the Judicial Magistrate, 1st Class-cum-Addl. Munsif-1st, Hajipur, District - Vaishali in connection with Bidupur P.S. Case No. 404 of 2024, subject to the condition as laid down under Section 482(2) of B.N.S.S. 2023.
(Arvind Singh Chandel , J) shailendra/- U T