Rohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51007 of 2025 Arising Out of PS. Case No.-368 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, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bidupur P.S. Case No. 368 of 2024, dated 08.07.2024, lodged under Sections 308(3) & 308(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of Judicial Magistrate 1st Class-cumAdditional- Munsif- 1st, Vaishali at Hajipur.

3. As per the prosecution, an unknown call was received on the informant's mobile number, during which the caller demanded Rs. 30 lakhs as ransom within seven days, threatening to shoot him if the demand was not fulfilled.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is not named in the FIR. He also

Patna High Court CR. MISC. No.51007 of 2025(2) dt.11-08-2025 2/3 submits that the petitioner is not the holder of the alleged phone number from which the ransom was demanded. It is further submitted that neither the alleged SIM nor any objectionable item was recovered from the petitioner's possession. Furthermore, he submits that the criminal antecedent of the petitioner is not clean, as two criminal cases are pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that, in the impugned order, it has been categorically mentioned that the case diary was made available to the Sessions Court, and in paragraph 24, it has been clearly stated that the petitioner was apprehended by the police in Bidupur P.S. Case No. 421 of 2024 and he confessed to the allegations in the present case. It has further been mentioned in the impugned order that the witnesses have supported the prosecution case. Counsel also submits that the criminal antecedent of the petitioner is not clean, as two criminal cases are pending against him.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.51007 of 2025(2) dt.11-08-2025 3/3

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T