Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19852 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAUSHAN KUMAR, aged about 20 years, (M) Son of Mahesh Kumar Resident of Village - Mustafapur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 399, 402, 414 and 412 of the Indian Penal Code and under Section 25(1-b)A, 26 and 35 of the Arms Act.

Informant who is a police officer has alleged in his self statement that on 12.01.2019 he received a secret information that some criminal have assembled to commit some grave crime and as he reached there persons assembled there tried to flee but seven were apprehended and other seven managed to escape. Petitioner is also one of the seven accused

Patna High Court CR. MISC. No.19852 of 2019(2) dt.02-04-2019 2/3 who was apprehended on the spot.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Nothing has been recovered from his possession. He is in custody since 14.01.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ahiyapur P.S. Case No. 35 of 2019, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.19852 of 2019(2) dt.02-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T