Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25979 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Raushan Kumar Son of Krishna Yadav Village Bajpur PS Pakribarawan Dist Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ariyari (Kasar) P.S. Case No. 264 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

As per prosecution case, when the Informant along with one Rajesh Kumar Pandey were returning to their home, suddenly three miscreants, boarded on a bike, came from behind and stopped the Informant. It is alleged that the miscreants snatched the mobile phones of both of them on the point of pistol. Thereafter, they opened fire and ran away from there. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-11-2023. Petitioner bears three criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.25979 of 2024(2) dt.03-04-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the possession of the petitioner. Petitioner was not put on TI parade. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court, vide order dated 21-02-2024, passed in Cr. Misc. No. 10330 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusation and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ariyari (Kasar) P.S. Case No. 264 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T