Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60584 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== ROHIT KUMAR S/o- Girani Chaudhary Village- Sanokhra Ps- Nemdarganj Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Deo Raj, Advocate For the State :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 74, 103(1), 109, 115(2), 117(2), 126(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on 12.05.2025 at about 7 PM, all the F.I.R. named accused persons, including this petitioner, assaulted son of informant. It is further alleged that when mother of informant came to save him, she was also assaulted and during course of treatment, mother of informant died.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault is general and
Patna High Court CR. MISC. No.60584 of 2025(3) dt.28-11-2025 2/2 omnibus and no specific accusation of overt act has been alleged against this petitioner. Moreover, the present F.I.R. has been lodged after inordinate delay of 8 days and there is no plausible explanation for the same. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, assaulted son and mother of informant due to which, during course of treatment, mother of informant died.
6. Considering the facts and circumstances of the case, fact that petitioner is one of the assailant of the deceased and gravity of offence, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T