Raushan Kumar @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46230 of 2024 Arising Out of PS. Case No.-237 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Raushan Kumar @ Raushan Kumar Singh Son of Dharam Singh @ Dharm Narayan Singh R/O Vill.- Mahisour, P.S.- Jandaha, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 237 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in a nutshell, on the alleged date and time, the quarrel took place between one Raju Sah and the accused persons including the petitioner. The informant pacified the quarrel. Thereafter, all the accused persons including the petitioner variously armed came at the door of the informant and started assaulting him. It is further alleged that the accused persons started firing indiscriminately and, as a result the

Patna High Court CR. MISC. No.46230 of 2024(4) dt.25-09-2024 2/3 informant sustained injuries.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further submitted that petitioner and the informant are co-villagers and due to local village politics, his name has transpired in this case. Learned counsel further submitted that informant sustained fire-arm injuries but, in fact, no injury report is available on record. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2024 and has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

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, charge-sheet being submitted, no specific allegation against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the

Patna High Court CR. MISC. No.46230 of 2024(4) dt.25-09-2024 3/3 petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jandaha P.S. Case No. 237 of 2020.

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