Rohit Kumar @ Lucky Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rohit Kumar @ Lucky Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: in the event of arrest or surrender within eight weeks, they are to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Patna, in connection with Gaurichak P.S. Case No. 525 of 2023, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in Gaurichak P.S. Case No. 525 of 2023 registered for offences under Sections 147, 149, 341, 323, 324, 307, 325 and 34 of the Indian Penal Code, should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances of the case and the nature of injuries allegedly caused by the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Ratio / Principle

In the event of arrest or surrender within eight weeks, the petitioners are to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Patna, in connection with Gaurichak P.S. Case No. 525 of 2023.

Key takeaways

The release on bail is made subject to the conditions laid down under Section 482(2) of the B.N.S.S.ratio¶29

Detailed headnote1 paragraphs

Anticipatory bail allowed - Patna High Court (Prabhat Kumar Singh, J), Criminal Miscellaneous No.31126 of 2025, arising out of Gaurichak P.S. Case No. 525 of 2023 (District Patna): Petitioners Rohit Kumar @ Lucky and Chandramauli Kumar, apprehending arrest for offences under Sections 147, 149, 341, 323, 324, 307, 325 and 34 of the Indian Penal Code, granted anticipatory bail. Prosecution alleged Petitioner No. 1 fired from his pistol in the air (no one sustained any firearm injury) and Petitioner No. 2 assaulted Birendra Singh with knife, the doctor finding those injuries simple in nature; counsel alleged false implication due to a land dispute, while the APP and the informant's counsel vehemently opposed the prayer. Considering the facts, circumstances and nature of injuries, the court directed that in the event of arrest or surrender within eight weeks the petitioners be enlarged on bail on a bail-bond of Rs. 10,000/- each with two sureties of the like amount each before the learned Additional Chief Judicial Magistrate, VI, Patna, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31126 of 2025

Arising Out of PS. Case No.-525 Year-2023 Thana- GAURICHAK District- Patna

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

Rohit Kumar @ Lucky S/O Dinesh Singh R/O Jhaua Basant, P.s.- Autar Nagar, Dist.- Saran

Chandramauli Kumar S/O Kishundeo Singh R/O Vill.- Bahuara, P.s.Gaurichak, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioners : Mr. Manoj Kumar, Advocate For the State : Mr. Mithlesh Kumar Khare, APP For the Informant : Mr. Sanjay Kumar @ S.K., Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

3 02-12-2025

Heard learned counsel appearing on behalf of the

petitioners, learned APP appearing on behalf of the State and learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 325 and 34 of the Indian Penal Code.

As per prosecution case, Petitioner No. 1 is alleged

to have fired from his pistol in the air and Petitioner No. 2 is alleged to have assaulted one Birendra Singh with knife.

Patna High Court CR. MISC. No.31126 of 2025(3) dt.02-12-2025 2/3

It is submitted by learned counsel appearing on

behalf of the petitioners that petitioners are quite innocent and

have committed no offence. Petitioners have falsely been implicated in this case due to land dispute. Petitioner No. 1 is alleged to have fired in the air but no one has sustained any fire arm injury. So far as Petitioner No. 2 is concerned, doctor has found the injuries, allegedly caused by Petitioner No. 2, as simple in nature.

Learned A.P.P. for the State and learned counsel for

the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the facts and circumstances of the case and nature of injuries allegedly caused by these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Patna in connection with Gaurichak P.S.

Patna High Court CR. MISC. No.31126 of 2025(3) dt.02-12-2025 3/3

Case No. 525 of 2023, subject to condition as laid down under

Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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