Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72352 of 2023 Arising Out of PS. Case No.-536 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ROHIT KUMAR SON OF KARI PASWAN R/O VILLAGE- BISHNUPUR, P.S.- NAGAR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Begusarai Muffasil P.S. Case No. 536 of 2020 dated 23.10.2020 registered for the offence/s punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's son and the dead body was found in a ditch near the railway line. It is further alleged that earlier an altercation took place on the issue of Rs. 2500/- and the co-accused Kari Paswan had threatened the informant's wife to kill her son.

Patna High Court CR. MISC. No.72352 of 2023(2) dt.09-11-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation is against the Kari Paswan who had taken Rs. 2500/- from the informant's wife. There is no eye witness to the alleged occurrence. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Begusarai Muffasil P.S. Case No. 536 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T