Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5637 of 2020 Arising Out of PS. Case No.-196 Year-2019 Thana- PIYAR District- Muzaffarpur ====================================================== RAUSHAN KUMAR S/o Chandeshwar Rai R/o village- Madhaiya, P.S.- Pear, District- Muzaffarpur ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Piar P.S. Case No. 196 of 2019 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 333, 353 & 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has come in the statement of the apprehended accused however it is the stand of the petitioner that he has been falsely implicated in this case. He has no criminal antecedent and the motorcycle which has been seized by police belongs to one Amresh Kumar son of Jagdev Bhandari which fact has come in paragraph '36' of the case diary.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case

Patna High Court CR. MISC. No.5637 of 2020(3) dt.18-06-2020 2/2 wherein the petitioner is said to be one of the persons who fled away from the place of occurrence, he has no criminal antecedent and the motorcycle seized by police does not belong to him, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Piar P.S. Case No. 196 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.