Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24658 of 2020 Arising Out of PS. Case No.-552 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== RAUSHAN KUMAR Son of Jitendra Kumar Singh Resident of VillageBhelaipur, P.S.- Minapur (Panapur O.P.), District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-09-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

. This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Kanti PS Case No. 552 of 2019 registered under Section 397 of the IPC.

The case of the prosecution is that the informant was working as Branch Manager in the Courier Company where three

Patna High Court CR. MISC. No.24658 of 2020(2) dt.23-09-2020 2/2 persons who had their faces covered, have looted the place at pistol point.

Learned Counsel for the petitioner submits that since 21.9.2019 he is in custody as his name has surfaced on the basis of confessional statement of co-accused Chintu Mishra, having no evidentiary value. Co-accused Kunal Kumar has been allowed bail in Cr. Misc. No. 78599 of 2019. There is no recovery of any incriminating material from the petitioner.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SDJM West, Muzaffarpur in Kanti PS Case No. 552 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T