Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68688 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Rohit Kumar S/o- Ravindra Yadav R/v- Ghooran Bigha Ps- Kako DistJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190 and 103(1) of the B.N.S., 2023.

3. The allegation in the first information report is that one Rahul Kumar was badly injured while being assaulted by a number of accused persons including the present petitioner while he was trying to help a victim of accident and he was misunderstood that the accident had been caused by the said Rahul Kumar, a relative of the informant.

4. Learned counsel for the petitioner submits that from a bare perusal of the first information report, it would be gathered that an accident had taken place and the assault upon

Patna High Court CR. MISC. No.68688 of 2025(2) dt.26-09-2025 2/3 Rahul Kumar was on account of such accident and the name of the petitioner Rohit Kumar features only in the list of accused persons which are ten in number and in addition to some unknown persons. The allegations against the petitioner, thus, are general and omnibus in nature. It is further submitted that as a matter of fact, on the same day, another FIR was lodged by one Binod Yadav with regard to his son's accident by a speeding motorcycle who eventually died and the said motorcycle actually belonged to Rahul Kumar (Annexure-P/2). It is, therefore, submitted that there are two versions of the same occurrence and as a matter of fact, it was Rahul Kumar who had caused accident of the child of Binod Yadav and upon his attempt to flee away, he collided with a pole due to which he died.

5. Learned APP for the State opposes the grant of anticipatory bail.

6. Taking into consideration the facts and circumstances of the case and also considering that there is general and omnibus allegation against the petitioner and further considering that there are two versions of the occurrence throwing doubt on the prosecution case itself, let petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.68688 of 2025(2) dt.26-09-2025 3/3 surrender before the learned court below within a period of four weeks from today, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Kako P.S. Case No.304 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Soni Shrivastava, J) Sanjay/- U T