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Patna High CourtCR. MISC./26543/2023allowed

Raushan Kumar @ Roshan Singh @ Ritesh Ranjan Singh v. The State Of Bihar

2023-08-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26543 of 2023 Arising Out of PS. Case No.-55 Year-2017 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Raushan Kumar @ Roshan Singh @ Ritesh Ranjan Singh Son Of Bhushan Singh Resident Of Village - Aura, P.S. - Tariyani, Distt. - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 420, 34 of the Indian Penal Code.

3. As per prosecution case, petitioner including other accused persons have forcibly taken the Bolero vehicle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that occurrence took place on 01.12.2016 and FIR was lodged on 17.06.2017 after delay of six months. There is no any explanation of delay in filing the

Patna High Court CR. MISC. No.26543 of 2023(3) dt.28-08-2023 2/2 present FIR. Similarly situated co-accused, namely, Anuj Kumar @ Anuj Kumar Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 18.12.2018 passed in Cr. Misc. No. 71950 of 2018. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shyampur Bhatahan P.S. Case No. 55 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) saurabhkrsinha/- U T