Raushan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25017 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Raushan Kumar Sharma S/.o Laxmi Sharma R/o Village- Gangwara, P.S. Sadar, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udeshya Yadav For the Opposite Party/s :

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

2. The petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 356 of 2023 instituted for the offences under Section 392, 34 of the Indian Penal Code.

3. As per prosecution case, the accused persons forcibly took away Scooty of the informant bearing Reg. No. BR-07AY-5855, and they snatched 10,000/- cash from him and also called his father and demanded 10,000/- from him. It is further alleged that when they got the said amount, they snatched mobile from the informant and left him.

Patna High Court CR. MISC. No.25017 of 2024(2) dt.04-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case because he is the owner of the alleged Scooty. It is submitted that Scooty was given to one co-accused, namely, Shiv Shankar Paswan to buy medicine so co-accused and other persons committed the alleged occurrence and the petitioner has no concern with the alleged occurrence. No incriminating article or cash has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.12.2023 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner and fair criminal antecedent. this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.25017 of 2024(2) dt.04-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with L.N.M.U. P.S. Case No. 356 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T