Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14131 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== RAUSHAN KUMAR Son of BhuneshwarPrasad @ Bhuneshwar Bind Resident of Village - Chibili, P.S.- Kudra, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kudra P.S. Case No.244 of 2020 registered under sections 399, 400, 402 and 411 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the F.I.R., it is stated that seeing the police personnel, the accused persons made an attempt to flee. While four accused persons managed to escape, the petitioner and two others were arrested and two live cartridges were recovered from the possession of the petitioner. It is further stated that on enquiry, it transpired that the accused persons were operating as a gang. They used to puncture the tyre of the vehicles using Chinese nails and thereafter loot the occupants.

Patna High Court CR. MISC. No.14131 of 2021(2) dt.16-07-2021 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. The allegations as levelled in the F.I.R. are false and concocted. He has been falsely implicated in the case. He is in custody since 13.8.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having learned counsel for the parties and taking into consideration the petitioner being in custody for 11 months and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kudra P.S. Case No.244 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Kaimur at Bhabua.

(ParthaSarthy, J) Prakash/- U T