Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25091 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== RAUSHAN KUMAR S/o Subodh Singh R/o village- Hario, P.S.- Bihpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam For the State :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 120B read with 34 of the Indian Penal Code.

As per the prosecution case, the F.I.R named accused persons reached the house of the informant, abused her son, snatched his mobile phone and made enquiry about their sister who had fled away with some one. After some days, the informant's son became traceless, thereafter his dead body was recovered from Khesaria Dhar.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.25091 of 2022(2) dt.24-08-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R . The name of the petitioner has sprung up in the confessional statement of co-accused Sakrita Devi who has already been granted bail vide order dated 25.05.2022 passed in Criminal Misc. No. 17629 of 2022 by the Co-ordinate Bench. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of custody, the petitioner above-named, is directed to be enlarged 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 learned Additional Sessions Judge 1st class, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 181 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T