Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65353 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Rohit Kumar Son of Mantu Shah Resident of Village- Daulatpur, P.SKoilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 176 of 2024 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code & Sections 25(1-B), 26 & 35 of the Arms Act. 3.

Prosecution case in short is that police on the basis of secret information that some miscreants are planning to commit crime, raided the place and apprehended three accused persons. On search, one mobile phone, one pointed object along

Patna High Court CR. MISC. No.65353 of 2024(2) dt.20-09-2024 2/3 with one live cartridge was recovered from co-accused. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. Charge sheet has been submitted in this case. Petitioner has no concern with the recovered arms/articles. Petitioner is stated to be man of clean antecedent. Co-accused have been allowed regular bail vide orders dated 07-08-2024 & 30-08-2024, passed in Cr. Misc. No. 54308 of 2024 & Cr. Misc. No. 56791 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barhara P.S. Case No. 176 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.65353 of 2024(2) dt.20-09-2024 3/3 under Section 438 (2) of the Cr.P.C.

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