Patna High CourtCR. MISC./33787/2020bail granted

Raushan Kumar@ Posan v. The State Of Bihar

2021-02-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33787 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Raushan Kumar@ Posan son of Bajit Pandit Resident of village- Berai, P.S. Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 461 and 379 of the Indian Penal Code. Prosecution allegation against the accused persons is of committing theft in electronic shop.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired on the disclosure made by the co-accused namely, Rohit Kumar. There

Patna High Court CR. MISC. No.33787 of 2020(2) dt.26-02-2021 2/2 is no recovery of any incriminating articles from the possession of the petitioner. The date of occurrence is said to be 29.05.2019 for which case was instituted on 17.10.2019. The delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Hathauri P.S. Case No. 199 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T