Raushan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44616 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- AMBA District- Aurangabad ====================================================== RAUSHAN KUMAR SINGH SON OF SADHU SHARAN SINGH @ SADHU SINGH R/O VILLAGE- ERIYAP, P.S.- AMBA, DISTRICTAURANGABAD, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Nivedita Nirvikar, Sr. Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2022 Heard the learned senior counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Amba P.S. Case No. 26 of 2020 for the offence registered under Sections 147, 149, 341, 323, 307. 504 and 506 of the Indian Penal Code. Subsequently, Section 302 IPC was added to the set of allegations.
The allegation is regarding the accused persons including the petitioner herein having had an altercation with the informant with regard to conducting medical test for corona whereafter the accused persons including the petitioner had surrounded the informant and others and had pelted bricks and stones upon the informant and other members of the prosecution party resulting in one of them having succumbed to the injuries
Patna High Court CR. MISC. No.44616 of 2021(2) dt.11-01-2022 2/3 subsequently.
The learned senior counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.03.2021. The learned senior counsel for the petitioner has further submitted that a general and omnibus allegations have been levelled against the petitioner and moreover the present cases arises out of case and counter case. It is also submitted that similarly situated coaccused person has been granted bail by this Court vide order dated 02.02.2021 passed in Criminal Misc. No. 30259 of 2020. Per contra, the learned counsel 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 petitioner and taking into account the parity of the case of the petitioner with that of the co-accused persons who have been granted bail by this Court, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.44616 of 2021(2) dt.11-01-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 26 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T