Shashi Bhushan Kumar @ Gappu Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26008 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- DEOKUND District- Aurangabad ====================================================== SHASHI BHUSHAN KUMAR @ GAPPU RAWANI SON OF SURESH CHANDRABANSHI R/O VILLAGE- DEOKUND, P.S.- DEOKUND, DISTRICT- AURANGABAD.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ravindra Kumar, Advocate.

For the State :

Mr. Atul Chndra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-12-2021 The applicant/accused in Crime No.35 of 2020 registered with Police Station-Deokund for the offences punishable under Sections 379, 356, 354B and 354D of the Indian Penal Code, by this application is seeking his release on bail during the course of the trial.

The applicant is reportedly behind the bars from 20.09.2020. Heard learned counsel appearing for the applicant/ accused. He submits that nothing was recovered from the applicant. Learned Additional Public Prosecutor opposed the application by contending that the offence is serious. According to the prosecution case, on 19.09.2020, when the first informant was taking her son to the hospital, on the way to the hospital, the applicant, by following her, offered an amount

Patna High Court CR. MISC. No.26008 of 2021(2) dt.08-12-2021 2/3 of Rs.3000/- to her. In order to take her behind the bush, he started dragging her towards the bushes and also snatched an amount of Rs.260/- from her.

The investigation in the crime in question is already over. The applicant has already suffered pretrial detention for more than one year. Therefore, the order:

(i). The application is allowed.

(ii). The applicant/accused in Crime No.35 of 2020 registered with Police Station-Deokund for the offences punishable under Sections 379, 356, 354B and 354D of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of

Patna High Court CR. MISC. No.26008 of 2021(2) dt.08-12-2021 3/3 similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T