Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81011 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== 1.

Rohit Kumar Son Of Vinay Yadav @ Ram Vinay Yadav Resident Of Village - Patut, P.S. - Ranitalab, District - Patna 2.

Aakash Kumar @ Avinash Kumar Son Of Dilip Thakur Resident Of Village - Patut, P.S. - Ranitalab, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Ranitalab P.S. Case No. 253 of 2023 dated 30.07.2023, instituted for the offence punishable under Sections 341, 342, 323, 325, 354, 354(B), 379, 504, 506, 509, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in

Patna High Court CR. MISC. No.81011 of 2023(3) dt.05-03-2024 2/3 this case. It is further submitted that there is no specific allegation against the petitioner rather the allegations are found to be general and omnibus in nature. It is further stated that due to intervention of well wishers and friends of the parties, the matter has been compromised between the parties outside the court on 12.09.2023 and a petition in this regard has also been filed before the learned lower court. It is next submitted that there is no eye witness to the alleged occurrence. It is further submitted that similarly situated co-accused namely, Raj Yadav @ Tribhuwan Kumar has been granted bail vide order dated 12.01.2024 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 84596 of 2023. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ranitalab P.S. Case No. 253 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.81011 of 2023(3) dt.05-03-2024 3/3 the learned J.M.- 1st Class, Danapur (Patna), subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T