Raushan Kumar @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26427 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Raushan Kumar @ Roushan Kumar S/o- Rajendrta Yadav R/o- Village- Budhgharlaiya, PS- Wazirganj, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

3. As per the prosecution case, it is a case of theft of a motorcycle bearing registration no.JH-01BU-9690. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and his name has figured on the basis of confessional statement of coaccused Rahul Ranjan Kumar and he has no concern with the said motorcycle and no test identification parade was conducted during investigation. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since

Patna High Court CR. MISC. No.26427 of 2024(2) dt.16-04-2024 2/2 03.01.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Wazirganj P.S. Case No.686 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Gaya.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T