Rohit Kumar @Rohit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85813 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Rohit Kumar @Rohit Yadav SON OF LATE JAGADHAR YADAV @ YOGADHAR YADAV Resident of village -Mahua ward No. 1 PS- Nirmali district -Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishor Singh with Mr. Anil Kumar, Advocates For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 395 and 412 of the Indian Penal Code.
3. As per prosecution case, while the informant was returning to his house after finishing his job and as soon as he reached near Chhraptti Chhot Puliya, six miscreants on two motorcycles intercepted him and on the point of pistol snatched
Patna High Court CR. MISC. No.85813 of 2023(2) dt.10-01-2024 2/3 his mobile phone, cash of Rs. 9,750/- and motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the alleged occurrence. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Shailendra Yadav, which has got no evidentiary value in the eyes of law. On the basis of suspicion and due to his criminal antecedent, the petitioner has been made accused by the police. Neither petitioner was arrested from the place of occurrence nor any incriminating article has been recovered from his conscious possession. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 22.09.2023 passed in Cr. Misc. No. 60887 of 2023. He has voluntarily surrendered before the Court below on 23.03.2023 and since then he is languishing in judicial custody.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged
Patna High Court CR. MISC. No.85813 of 2023(2) dt.10-01-2024 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Marauna P.S. Case No. 4 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T