Patna High CourtCR. MISC./20535/2025bail granted

Kausar @ Kaushar v. The State Of Bihar

2025-04-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20535 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Kausar @ Kaushar Son of Bujru Kha @ Shek Bujru Kha Resident of VillageMala Ward No.8, P.S. - Baisi, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Kochadhaman P.S. Case No. 21 of 2025 registered on 13.01.2025 for the offences under Sections 319(2), 318(4), 308(2), 308(3) and 308(5) of the B.N.S.

3. As per prosecution case, petitioner and other coaccused persons were found extorting money from the truck drivers and other vehicle owners. They were apprehended by the police when the police conducted a raid on receiving information about extortion of money in this manner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been

Patna High Court CR. MISC. No.20535 of 2025(2) dt.23-04-2025 2/3 recovered from the person or possession of this petitioner. There is no substantive material to show that petitioner was involved in extortion activities. The co-accused, whose vehicle was recovered from the spot, namely, Santosh Kumar has been granted bail vide order dated 22.03.2025 passed in Cr. Misc. No. 14734 of 2025 by a Co-ordinate Bench of this Court. Another co-accused Md. Naushad has been granted bail vide order 11.04.2025 passed in Cr. Misc. No. 15396 of 2025 by another Co-ordinate Bench. Petitioner is in custody since 13.01.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Kishanganj/concerned

Patna High Court CR. MISC. No.20535 of 2025(2) dt.23-04-2025 3/3 court in connection with Kochadhaman P.S. Case No. 21 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T