Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27630 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== 1.

RAUSHAN KUMAR Son of Kishori Sah Resident of Village - Bharthua, P.S.- Aurai, District - Muzaffarpur.

2.

Phulo Devi Wife of Rupesh Sah Resident of Village - Bharthua, P.S.- Aurai, 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. Udaychand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 325 and 34 of the Indian Penal Code. It is a case of assault upon the informant and snatching golden bracelets as well as cash of Rs.10,500/- by the accused persons.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that vide Annexure-2 which shows that the

Patna High Court CR. MISC. No.27630 of 2021(2) dt.02-02-2022 2/2 informant has filed an application before the court below stating that he is not interested to pursue the matter further. He further submits that petitioners have got clean antecedent. He further submits that similarly situated co-accused, namely, Mahesh Sah has been granted anticipatory bail by a Bench of this Court passed in Cr. Misc. No.27117 of 2021 vide order dated 28.01.2022 and the case of these petitioners stands on similar footing.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Shambhu Kumar Gupta, Judicial Magistrate Ist Class, Muzaffarpur/concerned Court in connection with Aurai P.S. Case No. 153 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T