Rohit Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4650 of 2025

Arising Out of PS. Case No.-32 Year-2024 Thana- NAUBATPUR District- Patna

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Rohit Kumar, aged about 21 years, Gender-M, S/o Late Jwala Mistri, R/o vill - Rustamganj, P.S - Naubatpur, Distt.- Patna

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party : Mrs. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 03-04-2025

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Naubatpur P.S. Case No. 32 of 2024 dated 13.01.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 354B, 506 read with Section 34 of the I.P.C.

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As per the prosecution case, the petitioner and the other co-accused persons are alleged to have assaulted the informant and his mother, due to which, they sustained injuries. When the informant came to rescue his mother, the petitioner is alleged to have attacked the informant with a sharp edged Spade (Kudal) and bone of his head was broken, due to which, grievous and simple injury was found. When the brothers of the

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Patna High Court CR. MISC. No.4650 of 2025(2) dt.03-04-2025 2/3

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informant, Bittu Kumar and Mukesh Kumar, came to save the informant, other accused persons have also assaulted them with rod and lathi, due to which, their finger of right hand and palm of left hand were broken respectively. It is further alleged that the co-accused Dhanmanti Devi and Chandani Devi took the box containing gold and silver jewellery, cash of Rs. 35,000/and important documents. The informant was admitted at P.M.C.H., Patna, for his treatment.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner was not arrested on the spot. No incriminating article has been recovered from his possession. There was land dispute between the parties. The doctor has examined the informant Sumit Kumar and his brother Bittu Kumar and has found the nature of injury is grievous by hard object and the doctor has also examined Mukesh Kumar, the brother of informant, and has found the injury simple in nature caused by hard object. There is no chance of absconding or tampering with the evidence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 23.08.2024.

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Patna High Court CR. MISC. No.4650 of 2025(2) dt.03-04-2025 3/3

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

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Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Danapur, Patna in connection with Naubatpur P.S. Case No. 32 of 2024.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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U.K./- U T

Rohit Kumar v. The State of Bihar

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Rohit Kumar v. The State of Bihar

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