Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58285 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Rohit Kumar S/o-Late Rambabu Yadav @ Late Rambabu Rai @ Rambhu Rai Village- Tetaria PS- Rajepur Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 119 of 2025 instituted for the offence under Sections 310(4), 310(5), 111(3) & 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act.

3.

As per prosecution case, there is recovery of one country made pistol and one live cartridge from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-05-2025. Petitioner bears no criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.58285 of 2025(3) dt.01-09-2025 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms and in fact, petitioner has become the victim of the circumstance. Learned counsel for the petitioner submits that there is no compliance of Section 103 of the BNSS, 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajepur P.S. Case No. 119 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T