Patna High CourtCR. MISC./76108/2023allowed

Rohit Kumar v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76108 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== ROHIT KUMAR S/O RAGHUNATH DAS R/O VILAGE- BANJHULA, P.SCHAKIA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants stopped the vehicle of the informant and started fighting with him and took his mobile and cash of Rs. 1,500/-.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of himself, before the police, which has got no

Patna High Court CR. MISC. No.76108 of 2023(2) dt.30-11-2023 2/2 evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 27.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Chakia P.S. Case No. 45 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T