Patna High CourtCR. MISC./62598/2024bail granted

Rohit Kumar v. The State Of Bihar

2024-09-10Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62598 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- Bharatkhand District- Khagaria ====================================================== Rohit Kumar Son of Umesh Yadav Resident of Village-Bharathkhand, Bhagwati Nagar, P.S.- Bharatkhand, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Bharatkhand P.S. Case No. 29 of 2024, registered for the offences punishable under Sections 188 of the Indian Penal Code and Section 25(1-B)A, 25(9) of the Arms Act.

3. The prosecution case in short is that on 31.05.2024 informant was watching social media and during that course, he watched a viral video of fifteen second in which a boy is seen with country made pistol on his hand and two country made pistol tied on his waist. He recognized him as petitioner of his village.

Patna High Court CR. MISC. No.62598 of 2024(2) dt.10-09-2024 2/3

4. The learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner. The petitioner has become accused only on the basis of a video clip in which it was displayed that he was carrying pistols. He has submitted further that in the present era of advance scientific developments anything can be displayed in a video clip. The petitioner is in custody since 02.06.2024 and he has one criminal antecedent.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Bharatkhand P.S. Case No. 29 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present physically on each and every date fixed by the court below till framing of charge. In case of failure on two consecutive dates, unless he is prevented by extremely adverse

Patna High Court CR. MISC. No.62598 of 2024(2) dt.10-09-2024 3/3 circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) Guddu/- U T