Patna High CourtCR. MISC./82962/2024bail granted

Rohit Kumar @ Rahul Kumar v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82962 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Rohit Kumar @ Rahul Kumar S/o Vinod Rai R/o Vill- Hilalpur, P.S.- Industrial Area, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Industrial Area P.S. Case No. 78 of 2024 dated 25.06.2024 registered for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant and his brother, Amarjeet Kumar were purchasing vegetables at Pethiya, in the meantime, the petitioner and the co-accused persons surrounded and abused them. On being objected, they started assaulting them. The informant and his brother fled away in the field, but the co-accused persons Ranjeet Kumar, Pappu Kumar

Patna High Court CR. MISC. No.82962 of 2024(2) dt.04-12-2024 2/3 and Raushan Kumar fired from the country made katta and pistol on the head, back and waist of the informant's brother leading to his death due to previous dispute under conspiracy with one another.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further submitted that there is no specific allegation against the petitioner of firing on deceased at the time of the alleged occurrence. The specific allegation of firing on the deceased is against the co-accused Raushan Kumar, Ranjeet Kumar and Pappu Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has stated the modus operandi as to how the occurrence took place. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.08.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 18.10.2024 passed in Cr. Misc No. 73464 of 2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.82962 of 2024(2) dt.04-12-2024 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 78 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T