Raushan Kumar @ Rausan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45027 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== Raushan Kumar @ Rausan Kumar Son Of Sudarshan Ray R/o VillageKarbandha, Ward No 37, Ps- Muffasil, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Roy Adv For the Opposite Party/s :
Mr.Ahmad Ali APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Samastipur Rail GRP P.S. Case No. 273 of 2023 dated 01-12-2023, instituted for the offence punishable under Sections 341,323,324,307, 504 and 147 of the Indian Penal Code.
3. The allegation in the F.I.R is that altercation took place on the point of parking and in course of scuffle informant was assaulted by the petitioner and other accused persons causing injury to him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner is not named in the FIR.
Patna High Court CR. MISC. No.45027 of 2024(2) dt.24-07-2024 2/2 During investigation, petitioner's name has surfaced in the restatement of the informant. Further, it is submitted that the main allegation of assault was against co-accused Prince Kumar, who has already been granted regular bail by the learned Court below and there is case and counter case between the parties and land dispute is also exist. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st class (Railway), Samastipur in connection with Samastipur Rail GRP P.S. Case No. 273 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) shyambihari/- U T