Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43376 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- RANIGANJ District- Araria ====================================================== RAUSHAN KUMAR Son of Subhas Yadav Resident of Village - Banmankhi, P.S. - Banmankhi, Dist. - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Pronoti Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Raniganj PS case no. 130 of 2021 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant whereafter they are alleged to have snatched cash amount and other articles from the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.43376 of 2021(2) dt.15-02-2022 2/3 implicated in the present case, is having a clean antecedent and is languishing in custody since 28.05.2021. The learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case though no cash amount, alleged to have been looted, has been recovered from the conscious possession of the petitioner. It is next submitted that one stolen mobile is stated to have been recovered from the petitioner, to which an explanation has been furnished in paragraph no. 11 of the present petition to the effect that the petitioner had purchased the mobile phone from a passer-by, inasmuch as the same was being sold at a very petty amount. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no looted cash amount has been recovered from the conscious possession of the petitioner and merely one stolen mobile phone has been recovered, to which, explanation has been furnished in paragraph no. 11 of the present petition apart from the fact that the petitioner is having a clean antecedent, I deem it fit and

Patna High Court CR. MISC. No.43376 of 2021(2) dt.15-02-2022 3/3 proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-VI, Araria in connection with Raniganj PS case no. 130 of 2021. (Mohit Kumar Shah, J) rinkee/- U T