Patna High CourtCR. MISC./48144/2017bail granted

Raushan Kumar v. The State Of Bihar

2017-11-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48144 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Raushan Kumar son of Sanjay Singh, resident of Village- Rajapakar, Police Station- Rajapakar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sarai P.S. Case No. 106 of 2017 dated 02.07.2017 instituted for the offences under Sections 356 and 379 of the Indian Penal Code. The petitioner was caught on the spot by the crowd, when an attempt was made to snatch the chain of the informant. It is alleged that the petitioner was driving the motorcycle; whereas co-accused, who was the pillion rider, made an attempt to snatch the gold chain of the informant. The informant and his associates caught hold of the miscreant, i.e., the co-accused, but somehow the other, he managed to effect his escape. The petitioner was caught on the spot along with the motorcycle. Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.48144 of 2017 (4) dt.27-11-2017 there was some confusion in the mind of the informant and there was no attempt to snatch the chain from his person. He further submits that his implication in this case is because of mistaken identity. Only because the petitioner had been driving the motorcycle, he has been made accused.

Taking into the account that the petitioner is a person of young age and has not been involved in any criminal case before the present occurrence, this Court is inclined to grant bail to him.

In the facts and circumstances, the petitioner above named is directed to be released on bail on furnishing his bail bond a sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 106 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T