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Patna High CourtCR. MISC./83012/2023allowed

Rohit Kumar @ Rohit Kumar Gupta v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83012 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== ROHIT KUMAR @ ROHIT KUMAR GUPTA SON OF LAL BABU SAH R/O VILLAGE- LINE BAZAR, P.S.- MIRGANJ, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 332, 307,353, 3378, 153,(a), 295(a0, 427, 298 of the Indian Penal Code and Sections 66(D) of the IT Act.

3. As per prosecution case, the petitioner along with several other accused persons are said to have been involved in trying to damage communal harmony by bricks battling on each other community at Liner Bazar, Gopgalganj.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No specific overt-act is attributed to this petitioner rather general and omnibus

Patna High Court CR. MISC. No.83012 of 2023(2) dt.02-01-2024 2/2 allegations leveled against him. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 3.8.2023. Moreover, similarly situated co-accused persons have already been granted bail by this Court vide order dt. 19.12.2023 passed in Cr. Misc. No. 81952 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 297 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj.

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