Raushan @ Mantri @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23397 of 2024 Arising Out of PS. Case No.-147 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== Raushan @ Mantri @ Raushan Kumar Son of Nagendra Sharma Resident of Village- Nandana, Police Station- Ghosi in the district of Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 05-04-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks bail in connection with Ghoshi P.S. Case No.147 of 2022, registered for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case as emerges from the FIR is that On 31.03.2022 at about 9:30 pm, the informant was going to Jehanabad on his motorcycle and when he reached near Sharma Bridge, two miscreants stopped him. Subsequently, three more persons joined them and on the point of gun they looted his motorcycle and a bag containing
2/4 Rs. 60,000/- and some valuable articles. The Petitioner is said to have been identified by the informant.
4. Ld. counsel for the petitioner submits that the petitioner who is a student, aged 22 years, is innocent and has falsely been implicated in this case.
5. He further submits that the petitioner has been languishing in jail since 08.12.2023.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail vide Cr. Misc. No. 41397 of 2022.
8. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. 9.
Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above-named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the
3/4 satisfaction of Ld. Chief Judicial Magistrate, Jehanabad, in connection with Ghoshi P.S. Case No.147 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
4/4 (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J) chandan/- U T