Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8486 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Raushan Kumar Son Of Krishna Yadav Resident Of Village- Bajpur, PsPakribarawan, Distt- Nawada, But As Per Fir Add- Kusumbha, Toal Bagahiya, Ps- Sheikhpura (Op Kusumbha), Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prasad Singh For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 307, 354 of the Indian Penal Code.

3. As per prosecution case, it is alleged that all the FIR named accused persons including the petitioner armed with axe and sword assaulted the husband of the informant and misbehaved with female members. In that course, the informant's husband sustained injury and died during treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to old enmity between

Patna High Court CR. MISC. No.8486 of 2024(3) dt.19-04-2024 2/2 the parties. From perusal of FIR, it is evident that the specific overt-act of assaulting is against co-accused Pawan Bind and Ramashish Singh. There is general and omnibus allegation against the petitioner. It is also submitted that other co-accused Ramashish Yadav has already been enlarged on bail by this Court vide order dt. 31.1.2024 passed in Cr. Misc. No. 84880 of 2023. Moreover, the petitioner is languishing in judicial custody since 27.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura (Kusumbha OP) P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura. (Sunil Kumar Panwar, J) Amandeep/- U T