Raushan Kumar Sahani @ Raushan Kumar @ Raushan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12823 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Raushan Kumar Sahani @ Raushan Kumar @ Raushan Sahni S/O Madan Sahni R/O Village- Bathol @ Bathal @ Ward No.-17, Badhaul @ Bhataul, P.S.- Nanpur (Bokhara), Dist. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nanpur P.S. Case No. 178 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3.

As per prosecution case, two motorcycle-borne miscreants who were chasing the Informant caused him to fall on the ground by dashing the motorcycle of the Informant. Thereafter, one miscreant pointed pistol over the Informant while another took out the starter key and forcibly taken the bag containing Rs. 1,70,000/- and fled away. It is further alleged that the police party chased the miscreants whereafter seeing the police, they fled away after leaving the motorcycle bearing

Patna High Court CR. MISC. No.12823 of 2025(2) dt.21-02-2025 2/3 Regd. No. BR 06-CQ-3098. When the vehicle was verified, it was disclosed that the owner of the said motorcycle was Indal kumar.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. No Test Identification Parade has been conducted in this case as yet. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and is languishing in judicial custody since 01.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 22-10-2024, passed in Cr. Misc. No. 74715 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner,

Patna High Court CR. MISC. No.12823 of 2025(2) dt.21-02-2025 3/3 let the petitioner, abovenamed, 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 Nanpur P.S. Case No. 178 of 2024.

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