Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53525 of 2021 Arising Out of PS. Case No.-309 Year-2021 Thana- NAGAR District- Vaishali ====================================================== RAUSHAN KUMAR Son of Deolal Sah Resident of Village Rambhadra, P.S. - Town Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Hajipur Town P. S. Case No.309 of 2021, instituted for the offences under Sections 341, 323, 324, 326, 307, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 18.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that he bought 03 dhur of land from his uncle Surendra Sah for Rs.4,50,000/- and built his residential house, but after sometimes, Surendra Sah started asking the informant

Patna High Court CR. MISC. No.53525 of 2021(2) dt.14-02-2022 2/3 to return the land, but the informant refused. It is further alleged that on 31.03.2021 while the informant was returning to his house after meeting his uncle Birendra Sah, Surendra Sah met him and assaulted him by knife. On hulla, the petitioner along with others came out of the house and caught the informant and again it is alleged that Surendra Sah assaulted by knife on shoulder of the informant. Accordingly, the informant was taken to P.M.C.H. for treatment.

The learned counsel for the petitioner submits that petitioner has been falsely implicated and he is not related either to the informant or to his uncle Surendra Sah rather he had come to his village to meet his maternal grandfather and as far as allegation in the F.I.R. is concerned, from perusal of the same, it would manifest that as far as this petitioner is concerned, he is not alleged to have assaulted the victim.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and the petitioner is not alleged to have assaulted the victim, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of

Patna High Court CR. MISC. No.53525 of 2021(2) dt.14-02-2022 3/3 Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Town P. S. Case No.309 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T