Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85308 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Rohit Kumar, Son of Chhote Lal Prasad, R/o Vill - Chauki Hasan, Kushwaha Tola, P.S. - G.B. Nagar, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gautam Budh Nagar P.S. Case No. 277 of 2023, instituted for the offences punishable under Sections 413, 414, 467, 468, 420 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, four persons including the petitioner riding two motorcycles saw the police and tried to flee away, but they were chased and apprehended by the police party. The accused persons failed to produce any valid papers of the motorcycles and have also disclosed that they have stolen both the motorcycles from the village and market.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.85308 of 2023(3) dt.19-02-2024 2/2 case. The petitioner has got no concern with the other accused persons or with the seized motorcycles. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has 3 criminal antecedents as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 18.07.2023. Charge-sheet has already been submitted in the present case. Learned counsel for the petitioner further submits that other coaccused persons have been granted bail by the lower Court.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gautam Budh Nagar P.S. Case No. 277 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T