Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36631 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- BIHAR District- Nalanda ====================================================== RAUSHAN KUMAR Son of Late Dayanand Pandey Resident of village - Keshopur, P.s. - Telahara, Distt. - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 414 and 420 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution case, the informant received secret information that some miscreants are planning to commit road robbery and dacoity in the night. The police party reached at that place and search was made before the witnesses and one loaded country made katta and five live cartridges have recovered under the seat of the vehicle and other materials. It is further alleged that there has been recovery of one mobile phone from the possession of the petitioner.

Patna High Court CR. MISC. No.36631 of 2023(2) dt.04-07-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the seized articles as well as vehicle in question. The recovered mobile belongs to the petitioner and the petitioner has claimed of it. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 12.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bihar P.S. Case No. 863 of 2022.

(Sunil Kumar Panwar, J) arish/- U T