Patna High CourtCR. MISC./16080/2024bail granted

Raushan Kumar @ Roshan Kumar v. The State Of Bihar

2024-03-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16080 of 2024 Arising Out of PS. Case No.-297 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Raushan Kumar @ Roshan Kumar Son of Shivdhar Prasad Resident of Village- Garibpur, P.S.- Deep Nagar, District-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Laheri P.S. Case No. 297/2021 dated 15.07.2021 registered for the offence punishable u/ss 363 and 365 of the Indian Penal Code.

3. As per the prosecution case, unknown persons are alleged to have kidnapped the brother of the informant and one Nitish Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is not named in the

Patna High Court CR. MISC. No.16080 of 2024(2) dt.19-03-2024 2/2 F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Rajesh Kumar. The victims in their statement recorded u/s 164 of the Cr.P.C has not stated the name of the petitioner in the crime alleged.

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

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda, Bihar sharif in connection with Laheri P.S. Case No. 297/2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T