Rohit Kumar @ Rohit Yadav @ Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71407 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- Shahpur P.S. District- Nawada ====================================================== Rohit Kumar @ Rohit Yadav @ Rohit Kumar Yadav S/O Bhim Prasad Yadav @ Bhim Yadav R/o Village- - Shahpur, P.S - Shahpur, District - Nawadah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Mines Inspector The Mines Inspector District Mines Office, Nawadah, District-Nawadah.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 332, 353, 504, 506, 379, 411 of the Indian Penal Code.

3. As per FIR, after receiving secret information that six tractors were carrying illegal sand, the informant along with his team reached at the alleged place and seized all tractors.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.71407 of 2024(2) dt.23-10-2024 2/2 levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 01.10.2024 passed in Cr. Misc. No. 64640 of 2024. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has already been granted bail, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Shahpur P.S. Case No. 35 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T