Raushan Kumar @ Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36927 of 2022 Arising Out of PS. Case No.-290 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== Raushan Kumar @ Raushan Singh Son Of Ganesh Yadav R/O- VillKalyanpur, P..S-Deep Nagar, Dist.- Nalanda (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 290 of 2019 lodged under Sections 395, 397 of the I.P.C. and Section 27 of Arms Act. As per the prosecution case, there is allegation of docaity against 5 unknown accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that petitioner has not been named in the F.I.R. and nothing incriminating has been recovered from the possession of the petitioner nor he was put

Patna High Court CR. MISC. No.36927 of 2022(2) dt.21-09-2022 2/3 on T.I.P. Learned counsel for the petitioner submits that petitioner is in custody since 23.02.2022 and there are 3 criminal antecedent against the petitioner in which he is on bail in all cases.

Learned counsel for the petitioner submits that there are other co-accused persons who have been granted bail by the Co-ordinate Bench vide order dated 02.08.2021 in Cr. Misc. No. 17112 of 2021 and 22.06.2021 in Cr. Misc. No. 5155 of 2021. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. Vth, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 290 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.36927 of 2022(2) dt.21-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T