Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44233 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Raushan Kumar Son Of Krishna Yadav Resident Of Vill- Bajpur, P.S.- Pakribarawan, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per FIR, co-accused Ramashish Yadav fired from his pistol upon informant's husband on the order of coaccused Shankar Yadav and Dev Yadav due to which the informant's husband sustained gun shot injury and shot dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific allegation has been made against the petitioner rather specific allegation of firing is against co-accused Ramashish Yadav who fired upon

Patna High Court CR. MISC. No.44233 of 2024(2) dt.25-06-2024 2/2 informant's husband. Nothing consistent material has come against the petitioner. Other co-accused persons have already been granted bail by this Court vide order dated 03.11.2023 in Cr. Misc. No. 61602 of 2023. Moreover, the petitioner is languishing in judicial custody since 12.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 352 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura. (Sunil Kumar Panwar, J) shubham/- U T