Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13231 of 2024 Arising Out of PS. Case No.-688 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Raushan Kumar S/o Uday Kumar Nirala Resident of Village- Teshwar, P.S.- Mohanpur, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Rampur P.S Case No. 688 of 2023 registered for the offences punishable under Sections 414, 420, 467, 468/34 I.P.C.
3. As per prosecution case, during the course of vehicle checking, the police party recovered a motorcycle and arrested petitioner along with coaccused. After verification, the police party got knowledge that the recovered motorcycle is stolen and already a case has been lodged against the recovered
Patna High Court CR. MISC. No.13231 of 2024(2) dt.01-03-2024 2/3 motorcycle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that on perusal of the seizure list there was no independent witness. It is also submitted that petitioner is in judicial custody since 08.11.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Gaya in connection with Rampur P.S Case No. 688 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of
Patna High Court CR. MISC. No.13231 of 2024(2) dt.01-03-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T