Raushan Kumar @ Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36086 of 2024 Arising Out of PS. Case No.-46 Year-2020 Thana- HATHIDAH District- Patna ====================================================== Raushan Kumar @ Satyam Kumar Son of Janardan Singh Resident of village - Mahendrapur, Police Station - Hathidah, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have abused and assaulted the informant's side brutally with deadly weapons.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted
Patna High Court CR. MISC. No.36086 of 2024(2) dt.26-07-2024 2/3 land dispute between the parties. It is further submitted that the petitioner was granted bail by the lower court itself on 03.07.2020 vide A.B.P. No. 3160/2020, but due to some unavoidable circumstances like Corona Lockdown and financial hardships, the petitioner could not move on to next step of relief. He instantly moved for extension of time, but the same was rejected by the lower Court below on ground of delay. The petitioner has again moved for his anticipatory bail before the learned Court below vide A.B.P. No. 3160 of 2020, but the same was rejected by the order dated 24.09.2022. He further submits that the similarly situated co-accused has been enlarged on bail by this court vide order dated 18.01.2024 passed in Cr. Misc. No. 85952 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since earlier the petitioner has been granted bail by the learned Court below, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.36086 of 2024(2) dt.26-07-2024 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Hathidah P.S. Case No. 46 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T