Roushan Pandey @ Raushan Kumar Pandey @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25212 of 2019 Arising Out of PS. Case No.-618 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== ROUSHAN PANDEY @ RAUSHAN KUMAR PANDEY @ RAUSHAN KUMAR, age 25 years (Male), Son of Late Ramprit Pandey, Resident of Village - Newatapur, P.S.- Bodhgaya, Distt.- Gaya, Bihar. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Manish Kumar No. 2, Advocate.
For the Opposite Party :
Mr.Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is languishing in custody since 11.08.2018 in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that the informant's son Arvind Kumar was working in the shop of Raushan Kumar (petitioner). His son had told in his house that he had some dispute with Raushan Kumar for money and expressed his desire not to work in his shop. On 23.10.18 at about 8.00 O'clock at night, when his son Arvind Kumar wanted to go his house, then Raushan Kumar told to drop him to his house and took Arvind Kumar on his Motorcycle and on the way, he began
Patna High Court CR. MISC. No.25212 of 2019(5) dt.23-08-2019 2/3 to take him to his own house which was objected by Arvind Kumar, in the meantime, Raushan Kumar stopped his vehicle near Bodh-Gaya High School and shot Arvind Kumar dead. It has further been stated that one Arjay Kumar had managed to give job to deceased Arvind Kumar in the shop of petitioner Raushan Kumar.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been named in the F.I.R. merely on the basis of suspicion. In course of investigation, it has come that the petitioner was seen alongwith the deceased. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, 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 the learned C.J.M.,
Patna High Court CR. MISC. No.25212 of 2019(5) dt.23-08-2019 3/3 Gaya, in connection with Bodh Gaya P.S. Case No. 618 of 2018. (Sudhir Singh, J) U.K./- U T