Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14819 of 2021 Arising Out of PS. Case No.-244 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== RAUSHAN KUMAR S/o- Late Ramjee Paswan R/v- Bairiya, Goraiya Asthan, P.S.- Gopalpur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Kadam Kuan P.S. Case No. 244 of 2019, registered for the offences punishable under Sections 379 of the Indian Penal Code. As per FIR, the motorcycle of the informant, Pawan Kumar, was stolen away from his house. Learned counsel for the petitioner has submitted that the petitioner was not named in the FIR. His name has been figured in the confessional statement of co-accused, Azad Kumar, and except confessional statement of co-accused there is nothing against the present petitioner. It has also been mentioned in paragraph No. 3 that

Patna High Court CR. MISC. No.14819 of 2021(5) dt.29-03-2022 2/2 the petitioner is a person of clean antecedent. Learned Addl. P.P. has submitted that the criminal antecedent of the present petitioner was called for but the case diary, which has been received does not contain the criminal antecedent of the petitioner.

Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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 sub-judge-VII cum A.C.J.M., Patna in connection with Kadam Kuan P.S. Case No. 244 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T