Patna High CourtCR. MISC./34116/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34116 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Raushan Kumar SON OF Ashok Das Village -Pema PS -Goh DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Haspura P.S. Case No. 276 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that on 03.10.2023 when the informant had withdrawn Rs. 3,17,760/- from the Bank, on way to home, some unknown person looted his bag containing the said amount, cheque book. They also snatched his mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner's name transpired in this case on the

Patna High Court CR. MISC. No.34116 of 2024(2) dt.02-05-2024 2/2 confessional statement of Rekha Devi. The petitioner has got no concern with the alleged occurrence. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner was remanded in this case from Goh P.S. Case No. 345 of 2023 and he is in custody since 06.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Haspura P.S. Case No. 276 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U