Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1398 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- GORAUL District- Vaishali ====================================================== RAUSHAN KUMAR Son of Ravindra Sah, Resident of Village - Sahatha, P.S.- Bhagwanpur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 379 of the Indian Penal Code.

Prosecution case in brief is that on 27.06.2020 the informant after closing his shop kept his Aadhar Card, ATM Card, Key of the shop, mobile, Pan Card and some other papers in the dicky of his motorcycle and had gone to meet with local Mukhiya after parking his motorcycle in front of Mukhiya's house. After sometime he came and did not see his motorcycle there. He searched his motorcycle a lot from his level but he could not find it.

Patna High Court CR. MISC. No.1398 of 2021(2) dt.04-03-2021 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and there is recovery of one stolen mobile phone from the conscious possession of the petitioner. Confessional statement before the police, petitioner submits that he purchased the said mobile from co-accused persons. The petitioner is a student of B.A. Honours Part I. He further submits that there is no T.I. Parade till date. The petitioner is languishing in judicial custody since 10.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Goraul P.S. Case No. 226/2020 to the satisfaction of learned A.C.J.M.-1st, Vaishali at Hajipur. (Anjani Kumar Sharan, J) amitkumar/- U T