Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77552 of 2024 Arising Out of PS. Case No.-702 Year-2023 Thana- FATUA District- Patna ====================================================== ROHIT KUMAR S/o- LATE JAY SINGH R/o Village- Surgapur PS - Fatuha Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Kumar Chaudhar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2025
1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 and 120(B) of the Indian Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that on 14.09.2023, at about 10:00 p.m., when she was at her home and her elder son Pradeep Kumar was coming back after milking the cattle, when outside the village near a school, 13 named accused persons including the petitioner waylaid him with rifle and katta and started indiscriminate firing on him causing injury on chest leading to his death. Further, the occurrence is alleged to have taken place on account of dispute
Patna High Court CR. MISC. No.77552 of 2024(2) dt.31-01-2025 2/3 relating to land.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the instant case by the informant who is not an eyewitness to the occurrence and the entire allegation hinges around suspicion. It is further submitted that though there is an allegation of indiscriminate firing but then the deceased only suffered one firearm injury on chest. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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 Fatuha P.S. Case No. 702 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.77552 of 2024(2) dt.31-01-2025 3/3
7. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
8. It is made clear that if the charge-sheet is submitted against the petitioner connecting him with the offence then the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T