Raunak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24803 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raunak Kumar Son of Late Lalan Singh @ Lalan Uday Singh Village -Cheriya Bariyarpur, Ward No 06, PS -Cheriya Bariyarpur Distt -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with NDPS Case No. 21 of 2024 arising out of Cheriya Bariyarpur P.S. Case No. 92 of 2024 dated 03.05.2024, instituted for the offence punishable under Sections 399, 402, 353 and 307 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of Arms Act and 8, 20(B)(ii)(B) of Narcotic Drugs and Psychotrophic Substances Act, 1985.
3. The prosecution case, in short, is that on the basis of tip that some miscreants are making plans for committing dacoity, police conducted raid at Shisham Bagan and the coaccused Satyam Kumar and Prince Kumar were apprehended, who disclosed the names of other co-accused persons, who fled away from the spot on seeing the police party after opening fire.
Patna High Court CR. MISC. No.24803 of 2025(2) dt.30-04-2025 2/3 Two country made gun, three live cartridges, about 2 kg of ganja, an empty cartridge and other articles were recovered from the co-accused Satyam Kumar and Prince Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing incriminating articles has been recovered from the conscious possession of the petitioner. It is further stated that petitioner has been made accused in this case only on the basis of confessional statement of co-accused Prince Kumar and Satyam Kumar. It is also submitted that co-accused Prince Kumar has been granted bail vide order dated 01.10.2024 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 67103 of 2024. Lastly, it has been submitted that the petitioner is in custody since 16.08.2024, he has four criminal cases against him and chargesheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.24803 of 2025(2) dt.30-04-2025 3/3 each to the satisfaction of the learned Additional Sessions Judge- I -cum- Special Judge, NDPS Act, Begusarai in Cheriya Bariyarpur P.S. Case No. 92 of 2024 subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) Sankalp/- U T