Rohit Kumar @ Rohit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67797 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== Rohit Kumar @ Rohit Yadav Son of Harihar Yadav R/O Village- Jhalar, P.S.- Bandhuva, Kurava, District- Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Smt. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2024 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 Bandhua Kuraba P.S. Case No. 105 of 2023, registered for the offences punishable under Sections 302, 307, 504, 506, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. At the very outset, the learned senior counsel, Sri Krishna Prasad Singh has submitted that though it is true that the bail applications of some named accused persons namely, Kuldip Yadav, Samundar Yadav, Naresh Yadav, Pappu Yadav and Doma Yadav was rejected by a detailed order of this Court dated 03.09.2024 but those petitioners were named in the F.I.R. with specific allegation of firing at the deceased so far as the present petitioner is concerned, he is not named in the F.I.R.,
Patna High Court CR. MISC. No.67797 of 2024(2) dt.09-12-2024 2/2 there is nothing against him in the F.I.R. and his name was given in this case at belated stage in paragraph no. 159 of this case diary.
4. On the other hand, the learned APP for the State, Smt. Pronoti Singh has opposed the prayer for bail.
5. The case of the petitioner is on better footing as he is not named in the F.I.R. and there is no allegation against him. The petitioner has no criminal antecedent and he is under custody since 07.04.2024.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Banka in connection with Bandhua Kuraba P.S. Case No. 105 of 2023, subject to that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Guddu/- U T