Raushan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40196 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- MUSRIGHRARI District- Samastipur ====================================================== RAUSHAN KUMAR JHA S/o Bipin Jha R/o village- Morwa Dih, P.S.- Musrigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Suneil Kumar Thakur, learned counsel for the petitioner and Mr. Chandra Sen Prasad, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Musrigharari PS Case No. 116/2019 registered for the offence punishable under Section 392 of the IPC.

The allegation, as per First Information Report lodged by the truck driver/informant, is that on the date of occurrence, two persons entered into his truck after breaking the glass and took the informant as hostage and asked him to take the truck at some distance and after covering distance of about three kilometers, the accused persons transferred the tea bags which were loaded on the truck to another vehicle and fled away. It is further alleged that the informant was also deprived of his mobile along with Rs. 8000/- by the accused persons.

Patna High Court CR. MISC. No.40196 of 2020(2) dt.20-02-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. Learned counsel next submits that petitioner is not named in the FIR and he has been implicated in this case on the basis of his confessional statement made before the police during his interrogation in another case.

Learned counsel also submits that petitioner is in custody since 13.01.2020 i.e., for more than a year. Learned counsel further submits that neither any incriminating or looted article has been recovered from the possession of the petitioner nor he has been put on TIP.

Learned counsel further submits that charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 13.01.2020 i.e., for more than a year and the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, RAUSHAN KUMAR

Patna High Court CR. MISC. No.40196 of 2020(2) dt.20-02-2021 3/3 JHA be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Sri C.B. Ram, learned Judicial Magistrate 1st Class-cum-Additional Munsif, Samastipur/ the court concerned in connection with Musrigharari PS Case No. 116/2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T