Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45634 of 2022 Arising Out of PS. Case No.-309 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== RAUSHAN KUMAR Son of Vindeshwari Sah @ Vindeshwar Sah Resident of Village - Shreepur, Kasba P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ghorasahan PS case no. 309 of 2022 instituted for the offences punishable under Sections 413, 414 of the Indian Penal Code.

The allegation is regarding the informant along with police force having arrived at the alleged place of occurrence on 07.06.2022 at about 7.30 in the evening, whereupon, the petitioner was apprehended with one motorcycle.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in

Patna High Court CR. MISC. No.45634 of 2022(3) dt.01-02-2023 2/3 the present case, he is having a clean antecedent and is languishing in custody since 08.06.2022. The learned counsel for the petitioner has further submitted that there is no compliance of Section 100 Cr.P.C., while preparing the seizure list and moreover, the petitioner was merely standing near the motorcycle in question, which has been alleged to be a stolen motorcycle, hence, the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there is violation of Section 100 Cr.P.C. while preparing the seizure list apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since more than 06 months, I deem it fit and appropriate to release the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.

Patna High Court CR. MISC. No.45634 of 2022(3) dt.01-02-2023 3/3 IIIrd, Sikrahana at Dhaka, Motihari, East Champaran in connection with Ghorasahan PS case no. 309 of 2022. (Mohit Kumar Shah, J) rinkee/- U T