Rohit Kumar @ Rohit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72982 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== ROHIT KUMAR @ ROHIT CHAUHAN S/O Ayodhya Chauhan R/O Village- Bhelpur, P.S- Itarhi, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457, 380, 411 of the Indian Penal Code.

Allegedly, the petitioner along with other persons entered the dwelling house of the informant with intention to commit theft. One persons was caught by the police and the villagers, who disclosed the name of those who succeeded in fleeing away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.72982 of 2022(2) dt.24-03-2023 2/2 nature. No any incriminating article has been recovered from the possession of the petitioner. There is no any legal or cogent evident against the petitioner. His name has been transpired in this case on the basis of the confessional statement of the apprehended co-accused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case as well as the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order in accordance with law without being prejudiced by this order on the very date of surrender considering the fact that petitioner has no criminal antecedent.

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