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Patna High CourtCR. MISC./26988/2017allowed

Raushan Kumar @ Sunni v. The State Of Bihar

2017-07-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26988 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -KAKO District- JEHANABAD ====================================================== Raushan Kumar @ Sunni, Son of Ghanshyam Ram, resident of VillageBhokhantola, P.S.- Mokama, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Kako P.S. Case No. 14 of 2017 registered for the offences punishable under sections 353, 333, 413, 414, 307, 324 and 323 of the Indian Penal Code.

The case was registered at the instance of the Police Sub-Inspector on 15.01.2017. It appears that from the FIR that the petitioner was apprehended by the Police when the petitioner attempted to flee away.

Learned counsel for the petitioner has questioned the legality and the manner in which the seizure list was prepared and the FIR was lodged. The petitioner is in custody since 16.01.2017

Patna High Court Cr.Misc. No.26988 of 2017 (2) dt.06-07-2017 2/2 and the charge sheet in the instant case has already been submitted. It is true that the petitioner is involved in Kanarbagh P.S. Case No. 515 of 2013 for the offences under sections 272, 273/34 of the Indian Penal Code and sections 20 and 12 of the NDPS Act wherein he has already been granted bail. The petitioner in the instant case was apprehended on 16.1.2017 and the charge sheet has already been submitted.

Since the petitioner has already completed five and half months in custody and the charge sheet in the instant case has already been submitted, I am inclined to enlarge the petitioner on bail.

Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Jehanabad or Successor Court in connection with Kako P.S. Case No. 14 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and he will not, in any manner, influence the witnesses. (Anil Kumar Upadhyay, J) Mahesh/- U T