Patna High CourtCR. MISC./11804/2017bail granted

Raushan Kumar v. The State Of Bihar

2017-03-15Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11804 of 2017 Arising Out of PS.Case No. -316 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Raushan Kumar Son of Late Sachit Yadav, Resident of VillageKewatgama, Police Station- Kumarkhand, District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-03-2017 Heard both sides.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 316 of 2016 registered for the offence punishable under Sections 37(a), 37(b) of the Excise Act and Section 25(1-b)A, 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. Similarly situated co-accused of this case has been allowed bail by a co-ordinate Bench of this Court vide order dated 23.02.2017 passed in Cr. Misc. No. 8890 of 2017. The case of this petitioner stands on similar footing and he deserves bail. The petitioner is in custody since 28.11.2016 having no criminal

Patna High Court Cr.Misc. No.11804 of 2017 (2) dt.15-03-2017 2/2 antecedent.

Learned APP, on the other hand, opposed the prayer. Considering the nature of the allegation against the petitioner as also the fact that similarly situated co-accused has enjoying the privilege of bail, his prayer of bail is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Murliganj P.S. Case No. 316 of 2016. (Sanjay Kumar, J) rohit/- U T