Patna High CourtCR. MISC./42902/2023bail granted

Raushan Kumar Sinha v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42902 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== Raushan Kumar Sinha, S/O Shivshankar Prasad, R/O Village- Surymath Muhalla Naya Bazar, Ps. Lakhisarai, Dist. Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Kajra P.S. Case No. 99 of 2022 dated 04.08.2022 registered for the offences punishable u/ss 121, 121A, 120B of the Indian Penal Code and u/ss 3/ 4 of the Explosive Substance Act and u/s 25(1-b)a, 26 of the Arms Act and u/ss 16, 17, 18, 20, 22, 23 of the Unlawful Activities (Prevention) Act.

4. As per the prosecution case, on 04.08.2022, the

Patna High Court CR. MISC. No.42902 of 2023(2) dt.25-07-2023 2/3 informant reported that on the basis of information provided by the Superintendent of police that Manshyam Dasi@ Sudesh@ Rahul, the member of East Bihar North-East Jharkhand Special Area Committee and the member of Maoist was living at the house of Vikash Modi. The informant proceeded to conduct raid under the leadership of Commandant of S.S.B. The raiding team surrounded the house of Vikash Modi and entered in the room of Manshyam Das and Surendra Ram. Manshyam Das was present there and Vikash Modi identified them.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused Manshyam Das who has already been granted bail by the Coordinate Bench of this court vide order dated 08.05.2023 passed in Cr. Misc. No. 8122 of 2023. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged house. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.42902 of 2023(2) dt.25-07-2023 3/3

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, S.D.J.M., Lakhisarai in connection with Kajra P.S. Case No. 99 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T