Patna High CourtCR. MISC./84482/2023disposed

Rohit Kumar v. The State Of Bihar

2024-01-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84482 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ROHIT KUMAR S/O MOTI PASWAN R/O VILLAGE- PANAPUR GAURAHI, P.S- HAJIPUR SADAR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Adv For the Opposite Party/s :

Mr. Ajay Kumar No. 2 APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 147 of 2023 registered on 06.03.2023 lodged under Sections 147/148/149/353/34 of the I.P.C. read with section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons. The allegation against the petitioner is that he came in contact with the police party and started firing upon them with the help of other accused persons. One pistol and other articles were recovered which come under the Explosives Substance Act.

4. Counsel further submits that petitioner is innocent

Patna High Court CR. MISC. No.84482 of 2023(2) dt.10-01-2024 2/2 and has committed no offence. He further submits that petitioner is in custody since 11.10.2023 having clean antecedent. He further submits that one of the co-accused have been granted bail by co-ordinate Bench of this Court vide order dated 11.08.2023. passed in Cr. Misc. No. 50629 of 2023.

5. Learned counsel for the State opposes the prayer for bail.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner at present. However, liberty is hereby granted to the petitioner to renew his prayer for bail after framing of charge and the Trial Court is directed to release the petitioner on bail imposing its own conditions, so that he may not evade his appearance during trial. (Dr. Anshuman, J) Sunnykr/- U