Rohit Kumar @ Rohit Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70190 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Rohit Kumar @ Rohit Prasad S/o Uday Shankar Prasad Resident Of VillageBadi Chowk Milki Mohalla, Ps -Ara Town, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Krishna, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-10-2024 Heard Mr. Gopal Krishna, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 352 of 2024, registered for the offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.
3. While the informant was sitting in his shop in the meantime, the FIR named persons including the petitioner forcibly entered into his shop and snatched Rs.3400/- from the cash box. It is further alleged that this petitioner assaulted the informant by means of iron rod due to which he sustained serious injury.
4. Learned Advocate for the petitioner contended that
Patna High Court CR. MISC. No.70190 of 2024(2) dt.23-10-2024 2/3 both the parties are agnates and because of some trifle they entered into a free fight resulting into case and counter case being Ara Town P.S. Case No. 353 of 2024 instituted against the informant and others. It is next contended that there is allegation of assault against two persons but only one injury has been found over the body of the informant and the same is also simple in nature. The petitioner bears one criminal antecedent as has been disclosed by filing a supplementary affidavit, which is on record.
5. On the other hand, learned Advocate for the State vehemently opposed the bail and submitted that the petitioner has brutally assaulted the informant.
6. Regard being had to the submissions made on behalf of the parties and considering the simple nature of injury, coupled with the case and counter case and the relation between the parties, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 352 of 2024,
Patna High Court CR. MISC. No.70190 of 2024(2) dt.23-10-2024 3/3 subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U