Rohit Kumar Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Rohit Kumar Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 2nd, Danapur, Patna, in connection with Rupaspur P.S. Case No. 474 of 2022, subject to conditions including weekly attendance at Menhdiganj Police Station, cooperation in trial, close-relative bailors, and automatic cancellation of bail bond if accused in any new case.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Rupaspur P.S. Case No. 474 of 2022, given that he is in custody since 19.11.2022, has been granted bail in all other cases, and is accused in 12 more criminal cases of similar nature.

Court's answer

Considering the facts and circumstances of the case and that the petitioner is on bail in all other cases, the application for regular bail is allowed.

Ratio / Principle

The petitioner is to be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., 2nd, Danapur, Patna, in connection with Rupaspur P.S. Case No. 474 of 2022.

Key takeaways

Bail is subject to conditions: (i) the petitioner shall mark attendance at Menhdiganj Police Station every Sunday of each month, any default resulting in cancellation of his bail bond; (ii) he shall cooperate in the trial personally or through his advocate; (iii) both bailors shall be close relatives; and (iv) if the petitioner is made accused in any new case, his bail bond shall stand cancelled automatically.ratio¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 59895 of 2024 (Patna High Court, Sandeep Kumar, J., 05-10-2024): Second bail application of Rohit Kumar in connection with Rupaspur P.S. Case No. 474 of 2022 (District Patna), arising out of theft committed in a number of flats in Patna; the petitioner is also accused in 12 more criminal cases of similar nature, all committed in the town of Patna. His earlier prayer for bail was rejected vide order dated 12.03.2024 in Cr. Misc. No. 15275 of 2024 with liberty to renew after obtaining bail in all other cases; counsel stated he had since been granted bail in all other cases and was in custody since 19.11.2022. The Court allowed the application and granted regular bail on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 2nd, Danapur, Patna, subject to conditions: attendance at Menhdiganj Police Station every Sunday (default inviting cancellation of bail bond), cooperation in the trial personally or through advocate, both bailors to be close relatives, and automatic cancellation of bail bond if made accused in any new case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59895 of 2024

Arising Out of PS. Case No.-474 Year-2022 Thana- RUPASPUR District- Patna

======================================================

Rohit Kumar Son of Suresh Kumar Das R/O Mansharam Ka Akhara, P.s.Menhdiganj, Dist.- Patna

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Ahmad Ali ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 05-10-2024 Heard the learned counsel for the parties.

This is the second attempt of the petitioner. Earlier

the prayer for bail of the petitioner was rejected vide order dated 12.03.2024 passed in Cr. Misc. No. 15275 of 2024 with an observation that he may renew his prayer for bail after he is granted bail in all other cases.

Learned counsel for the petitioner submitted that petitioner has been granted bail in all other cases and he is in custody since 19.11.2022.

As per the F.I.R., theft was committed in number of flats in Patna. Apart from this case, the petitioner is also accused in 12 more criminal cases of similar nature and all the crimes have been committed in the town of Patna.

Learned A.P.P. has vehemently opposed the prayer

Patna High Court CR. MISC. No.59895 of 2024(4) dt.05-10-2024 2/2

for bail.

Considering the facts and circumstances of the case and also petitioner is in bail in all other cases, this application for regular bail is allowed.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 2^nd Danapur, Patna in connection with Rupaspur P.S. Case No. 474 of 2022, subject to the following condition:

(i) The petitioner will mark his attendance at Menhdiganj Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) He will cooperate in the trial either appearing personally or through his advocate on dates fixed for hearing.

(iii) Both the bailors should be close relative.

(iv) If the petitioner is made accused in any new case, his bail bond shall be cancelled automatically.

(Sandeep Kumar, J)

Ranjeet/- U T