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Patna High CourtCR. MISC./35679/2025bail granted

Raushan Kumar @ Jhandu v. The State Of Bihar

2025-08-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35679 of 2025 Arising Out of PS. Case No.-515 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Raushan Kumar @ Jhandu S/o Dinesh Yadav R/o Tehta (Mela Road), P.s. - Makhdumpur, Tehta O.P, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 515 of 2024 instituted for the offences under Section 309(4) Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that three miscreants boarded on a motorcycle overtook the informant and snatched a bag containing cash amounting to Rs. 1,09,812/-, Tab, Purse containing Rs. 2,600/- and other articles on the point of pistol.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.35679 of 2025(4) dt.22-08-2025 2/3 transpired in this case on the basis of confessional statement of co-accused Sushil Das and Krishna Kumar. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.03.2025 and has four criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 18.03.2025 passed in Cr. Misc. No. 14306 of 2025.

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, claim based on parity as also 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, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Makhdumpur (Tehta) P.S. Case No. 515 of 2024, subject to the following

Patna High Court CR. MISC. No.35679 of 2025(4) dt.22-08-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T