Rohit @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69040 of 2023 Arising Out of PS. Case No.-822 Year-2022 Thana- PIRBAHOR District- Patna ====================================================== ROHIT @ AMAN Son of Ganesh Kumar Resident of Mahendru Durga Gali Lane (in front of Mahendr Post Office), P.S.-Sultanganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pirbahore P.S. Case No. 822 of 2022 dated 22.12.2022 registered for the offence(s) punishable under Section(s) 356, 379/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that admittedly the petitioner was not apprehended at the spot and his name surfaced in the statement of apprehended co-accused person namely, Sunny Kumar and the petitioner is not stated to have snatched the

Patna High Court CR. MISC. No.69040 of 2023(2) dt.01-11-2023 2/3 looted articles and the said allegation is against the apprehended co-accused Sunny Kumar, in fact the apprehended co-accused person has enmity with this petitioner, owing to this reason the name of this petitioner was given by the co-accused, though against the petitioner there is criminal antecedent of one case but he has got bail in the said case and except the statement of co-accused given before the police there is no material to show the petitioner's involvement in the alleged crime and he is a teen-aged boy and as per FIR informant's purse and mobile phone are stated to have been snatched by the accused persons, out of them informant's mobile was recovered on the spot.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly petitioner's young age, in my opinion a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Pirbahore P.S. Case No. 822 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the

Patna High Court CR. MISC. No.69040 of 2023(2) dt.01-11-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T