Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13987 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Raushan Kumar S/o- Jai Mangal Mahto @ jai Mangal prasad VillageHasanpur Bairiya Ps- Kundwa Chainpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Gorasahan P.S. Case No.313 of 2023 registered for the offence under Section 392 of the Indian Penal Code.

3.

Allegation against the petitioner is to have committed loot of Rs. 64,700/- on the point of pistol. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the petitioner is not named in the FIR, where, his name surfaced on the basis

Patna High Court CR. MISC. No.13987 of 2024(2) dt.01-03-2024 2/3 of confessional statement of other co-accused. It is submitted that nothing incriminating recovered from the possession of this petitioner, which may connect him with the present set of occurrence and he has no concern with the alleged occurrence. It is further submitted that petitioner has not been put on TIP and he is in custody since 11.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Gorasahan P.S. Case No.313 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd Sikrahana at Dhaka, East Champaran.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.13987 of 2024(2) dt.01-03-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T