Rohit Kumar @ Mahakal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59288 of 2025 Arising Out of PS. Case No.-663 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rohit Kumar @ Mahakal S/o Ramesh Kumar Singh @ Ramesh Prasad Singh Resident of Village- Hazipur Colony, PS- Hazipur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivanand Singh, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Chapra Muffasil P.S. Case No. 663 of 2024, registered for the offences under Sections 126(3), 115(2), 109, 3(5) of the B.N.S.
3. As per the prosecution case, seven unknown persons entered into the house of the informant and put a pistol on his temple. The father and the driver of the informant raised alarm and all the miscreants drew out their pistols and one of them fired upon the informant and the shot hit him in his right leg. The miscreants caused injury to the father of the informant by hitting on his head with the butt of the pistol. When the family members and co-villagers started assembling, the
Patna High Court CR. MISC. No.59288 of 2025(2) dt.27-08-2025 2/3 miscreants fled away leaving behind their motorcycles. The name of the petitioner transpired during investigation for being involved in the alleged occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case merely on suspicion and remanded in this case on 04.06.2025 after he was arrested in Begusarai Town P.S. Case No. 176 of 2024. Learned counsel further submits that no Test Identification Parade has been conducted in this case to ascertain the identity of this petitioner and no incriminating article has been recovered from person or possession as well as house of the petitioner. The petitioner is in custody since 04.06.2025 and charge sheet has been submitted. The petitioner is having antecedent of four cases and he is on bail in all the aforesaid cases.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague and doubtful nature of allegation against the petitioner and further considering submission of charge sheet and period
Patna High Court CR. MISC. No.59288 of 2025(2) dt.27-08-2025 3/3 of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra/concerned court, in connection with Chapra Muffasil P.S. Case No. 663 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T