Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32247 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Raushan Kumar Son Of Vinod Sah Resident Of Village- Chapra Kali Mandir, Ward No. 2, Ps- Kanti Distt- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420 of the Indian Penal Code and subsequently Sections 395, 412 of the Indian Penal Code were also added. As per prosecution case, informant alleged that poultry feed was sent through Bolero pickup van but just before Kanti over-bridge the loaded Bolero pickup van was disappeared and subsequently the pickup van was recovered but poultry feed worth Rs. 1,50,000/- was not recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.32247 of 2023(2) dt.24-06-2023 2/2 falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR nor he has been put on TIP. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 29.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 395 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Muzaffarpur (Sunil Kumar Panwar, J) manishkumar/- U