Patna High CourtCR. MISC./15463/2023bail granted

Raushan Kumar v. The State Of Bihar

2023-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15463 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Raushan Kumar S/O Vinod Sah R/v- Chhapra Kali Mandir, Ward No. 2, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395, 412 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons boarded in Bolero on the point of pistol and abducted the driver and thrown him and took away the truck. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.09.2022. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance of trial being concluded in near future. The petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.15463 of 2023(2) dt.01-05-2023 2/2 petitioner has transpired in this case on the confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kanti P.S. case No.556 of 2022.

(Sudhir Singh, J) Narendra/- U T