Raushan Kumar @ Madaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16743 of 2020 Arising Out of PS. Case No.-489 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAUSHAN KUMAR @ MADAHA S/o Rajeev Kumar @ Chunna Singh Resident of Village-Mohanpur, P.S.-Muffassil, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddhartha Prasad For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149 and 302 of the I.P.C.

The prosecution case, in short, is that the accused persons including the petitioner and 3-4 unknown persons fired upon the nephew of the informant, due to which he sustained grievous injury and died.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.16743 of 2020(2) dt.01-06-2020 2/3 that the petitioner is in custody since 13.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It has further been submitted that the petitioner along with three persons are said to have fired upon the deceased. No specific injury is attributed against the petitioner. As per the postmortem report, there are six injuries found on the body of the deceased. It has also been submitted that the postmortem and the inquest report were prepared prior to the institution of the F.I.R., for which no explanation has been given by the prosecution and the petitioner has been made accused in the present case due to land dispute between the parties.

The deceased was a veteran criminal and he was killed in some other incident, taking advantage of the same the informant has tried to implicate the petitioner in the present case. The occurrence is said to have taken place at 9 P.M. in the night on 19.09.2019. No source of identification has been disclosed by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of

Patna High Court CR. MISC. No.16743 of 2020(2) dt.01-06-2020 3/3 C.J.M., Begusarai in connection with Begusarai Muffassil P.S. case No.489 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T