Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44443 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== 1.

Raushan Kumar Son Of Late Lalan Kishore Singh R/O Village- Bangali Bigha, P.S.- Chandauti, Distt.- Gaya 2.

Niranjan Kumar Son Of Late Krishna Yadav R/O Village- Pranpur, P.S.- Pariya, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate :

Mr. Raj Narayan Mishra, Advocate For the State :

Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-12-2022 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. The petitioners seeks bail in connection with Akbarpur P.S. Case No.197 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioners are not named in the F.I.R. and both are in custody since 17.05.2022.

The allegation against the petitioners is to commit robbery and while committing so taken away total cash of Rs.1,81,304/- (Rupees One Lakh Eighty One Thousand Three

Patna High Court CR. MISC. No.44443 of 2022(2) dt.07-12-2022 2/3 Hundred Four) alongwith, one tab and one mobile belongs to informant.

Learned counsel appearing on behalf of the petitioners submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Vikash Kumar @ Bitthal, in furtherance of which, no incriminating material recovered from these petitioners, which may connect them with the present case of robbery. It is submitted that alleged looted tab and mobile phone were recovered from the house of coaccused, namely, Ranjit Kumar, and not from these petitioners. While concluding the argument, it is submitted that both petitioners are man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as no incriminating material recovered, from the possession of these petitioners, which may connect the petitioners, prima facie, with the present set of occurrence coupled with the fact that chargesheet has been submitted, let

Patna High Court CR. MISC. No.44443 of 2022(2) dt.07-12-2022 3/3 both above named petitioners directed to be released on bail in connection with Akbarpur P.S. Case No.197 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court Nawada, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T