Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14421 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Raushan Kumar S/o- Jai Mangal Mahto village- Hasanpur Bairiya PsKundwa Chainpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kundwa Chainpur P.S. case No. 105 of 2023 instituted for the offences under Sections 399, 402, 413, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that on receiving secret information that some miscreants are assembled and planning to commit a crime, the police party reached. Seeing the police, the accused persons tried to flee away but four of them were apprehended whereas the petitioner managed to flee away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.14421 of 2024(2) dt.11-03-2024 2/2 recovery has been made from the accused persons who were apprehended on the spot. The co-accused persons who were apprehended on the spot have been granted bail by co-ordinate Benches of this Court vide orders dated 14.09.2023 and 10.01.202 passed in Cr. Misc. No. 60008 of 2023 and Cr. Misc. No. 84017 of 2023, respectively. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.10.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kundwa Chainpur P.S. case No. 105 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T