Raushan Kumar Sah @ Raushan Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13874 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Raushan Kumar Sah @ Raushan Turha S/O Bindeshwari Sah @ Vindeswar Sah Village- Saipur Kaswa, Ps.- Ghorasahan, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Priyesh Kumar, Advocate For the State :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pipra P.S. Case No. 165 of 2022 instituted for the offence under Sections 392 & 414 of the Indian Penal Code.

3.

As per the prosecution case, allegation against the petitioner along with other co-accused persons is that they looted the pickup van loaded with kurkure.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-11-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13874 of 2024(2) dt.06-03-2024 2/2 case. Peitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Pawan Kumar Rai, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 18-032023, passed in Cr. Misc. No. 72310 of 2022. Other co-accused has been granted bail by a Co-ordinate Bench of this Court, vide order dated 24-08-2023, passed in Cr. Misc. No. 54138 of 2023. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

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 / Pipra P.S. Case No. 165 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T