Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82420 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Rohit Kumar Son of Sonalal Prasad Resident of village -Chainpur Dhekahan Police Station -Piprakothi District -East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Piprakothi P.S. Case No. 192 of 2024 instituted for the offence under Sections 126, 115(2), 140(4), 62, 110, 3(5) & 132 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that petitioner and ten other accused persons, trespassed into a school, assaulted students and teachers, and attempted a kidnapping, but locals intervened, leading to petitioner's capture while others escaped. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-09-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.82420 of 2024(3) dt.20-02-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due village politics and the teacher's attempt to shield their negligence. Learned counsel for the petitioner submits that his brother was assaulted by the alleged victims in class, but the school failed to inform the guardians. When the petitioner petitioner approached the school to complain, a heated exchange ensued, leading to a fabricated kidnapping allegation. No injuries were found on any individual, further proving the case is baseless. It is lastly submitted that police after investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.82420 of 2024(3) dt.20-02-2025 3/3 Court below/concerned Court in connection with Piprakothi P.S. Case No. 192 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T