Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37835 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raushan Kumar S/o Vijay Rai @ Vijay Kumar R/o Village- Basahi, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 394/397 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR was registered against four unknown criminals with allegation to have committed dacoity. Some other criminals were apprehended along with the looted articles and they disclosed before the police that the petitioner was coculprit. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent. He is in custody since 31.07.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.37835 of 2020(3) dt.20-02-2021 2/2 Petitioner was never put on Test Identification Parade during investigation and confession of co-accused before the police has no evidentiary value.

Considering the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Cheriya Bariyarpur P.S. Case No.116 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T