Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25168 of 2024 Arising Out of PS. Case No.-59 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== Raushan Kumar, Son of Tej Narayan Singh, R/o Village- Rampur Dumra, P.SMaranchi, Dist.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Barahiya P.S. Case No.59 of 2019 registered for the offence punishable under Sections 302, 201, 120-B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the FIR and is in custody since 30.12.2023.

4. The allegation against the petitioner is to commit murder of younger brother of the informant along with other co-accused persons due to previous enmities.

Patna High Court CR. MISC. No.25168 of 2024(2) dt.10-04-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced in the present case on the basis of confessional statement of coaccused, namely, Suman Ranjan, where in furtherance thereof, no incriminating material recovered/surfaced, during the course of investigation, which may connect this petitioner prima facie with the present set of occurrence/murder. It is further submitted by learned counsel that said co-accused, namely, Suman Ranjan has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.59671 of 2019 dated 27.09.2019. It is further submitted that other co-accused persons, namely, Diwakar Singh through Cr. Misc. No.79159 of 2019 dated 04.012.2019, Sohan Prasad Singh @ Sohan Singh through Cr. Misc. No.75680 of 2019 dated 20.01.

2020 and Manish Singh @ Manish Kumar through Cr. Misc. No.64516 of 2023 respectively were granted bail by different co-ordinate Bench of this Court.

Patna High Court CR. MISC. No.25168 of 2024(2) dt.10-04-2024 3/3 chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of facts and circumstances as mentioned above, as no incriminating material appears to be recovered during the course of investigation as to connect this petitioner prima facie with present set of occurrence/confessional statement of co-accused, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 13.12.2024, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No.59 of 2019, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T