Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7770 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raushan Kumar Son of Lalan Singh Resident of Village- Nayagaon, P.O. - Chitraur, Chhitraur, P.S. - Nayagaon, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Sr. Advocate Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned senior counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Begusarai Muffasil P.S. Case No. 286 of 2024 registered for the offences under Section 309(4) of the B.N.S.
3. As per prosecution case, while the informant was returning with his associate on a scooty after closing his shop, three persons stopped his scooty and brandishing pistol, snatched the blue-tooth device and Rs. 4500/- in cash from the informant. From his associate, his blue-tooth device was also snatched. The name of the petitioner transpired during investigation for being involved in the occurrence.
4. Learned senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.7770 of 2025(2) dt.19-02-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Charge-sheet has already been submitted in this case but till date no Test Identification Parade has been held. Nothing incriminaging has been recovered from the person or possession of this petitioner though it has been stated that the blue-tooth device and Rs. 4500/- was recovered from the house of the petitioner. But the blue-tooth device has no resemblance with the device snatched by the miscreants and even the company of the blue-tooth is also different. Recovery of money is immaterial since recovered amount could be find in any house. Petitioner is in custody since 22.07.2024. Petitioner is having antecedent of two cases in which he is on bail.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that recovery of looted money and blue-tooth device was made from this petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like
Patna High Court CR. MISC. No.7770 of 2025(2) dt.19-02-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court in connection with Begusarai Muffasil P.S. Case No. 286 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T