Rohit Kumar Thakur @ Anki @ Ainki Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rohit Kumar Thakur @ Anki @ Ainki Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Hajipur Town P.S. Case No. 245 of 2024, subject to conditions: (I) one bailor shall be own/close member of the petitioner's family; (II) appearance on each and every date fixed at trial, with liberty to the Trial Court to cancel bail bonds on default on two consecutive dates; (III) liberty to the prosecution to move for cancellation of bail if the petitioner tampers with evidence or witnesses.

Issue for consideration

Whether the petitioner, charged in Hajipur Town P.S. Case No. 245 of 2024 for offences under Sections 392, 411, 413, 414 and 120B of the Indian Penal Code, should be granted bail.

Court's answer

This Court granted bail to the petitioner, taking into account the facts and circumstances of the case, the claim based on parity with the co-accused already granted bail, and the period of custody undergone by the petitioner.

Ratio / Principle

Bail was made subject to conditions, including that the petitioner appear on each and every date fixed at the trial, failing which, in case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Detailed headnote1 paragraphs

Bail granted - Patna High Court, Criminal Miscellaneous No.10043 of 2025 (arising out of PS Case No.-245 Year-2024, Thana Nagar, District Vaishali; offences under Sections 392, 411, 413, 414, 120B of the Indian Penal Code), oral order dated 02-04-2025 by Honourable Mr. Justice Rudra Prakash Mishra. Petitioner Rohit Kumar Thakur @ Anki @ Ainki S/o Dinanath Thakur, in custody since 09.04.2024 and having two criminal antecedents, not named in the F.I.R. (his name transpired during investigation), charge-sheet already submitted, was granted bail on the strength of parity with a co-accused person already granted bail by a coordinate Bench of this Court vide order dated 19.09.2024 passed in Cr. Misc. No. 64787 of 2024, together with the period of custody undergone. Release ordered on bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court, subject to conditions: one bailor to be an own/close member of the petitioner's family; appearance on each and every date fixed at the trial, with liberty to the Trial Court to cancel the bail bonds in case of default in such appearance on two consecutive dates; and liberty to the prosecution to move for cancellation of bail if the petitioner tampers with evidence or witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10043 of 2025

Arising Out of PS. Case No.-245 Year-2024 Thana- NAGAR District- Vaishali

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

Rohit Kumar Thakur @ Anki @ Ainki S/O Dinanath Thakur MohallaNakhash Chok, Andarkila, PS- Hajipur Town, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 245 of 2024 instituted for the offences under Sections 392, 411, 413, 414, 120B of the Indian Penal Code.

Prosecution case, in short, is that three miscreants looted the mobile phone and motorcycle of the informant on gun point.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation only on the basis of

Patna High Court CR. MISC. No.10043 of 2025(2) dt.02-04-2025 2/3

suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the motorcycle which is alleged to have been recovered from this petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.04.2024 and has two criminal antecedents. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 19.09.2024 passed in Cr. Misc. No. 64787 of 2024.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 245 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.10043 of 2025(2) dt.02-04-2025 3/3

the family of the petitioner.

(II) The petitioner shall appear on each and every date

fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J)

Alok Verma/-

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