Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56616 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAUSHAN KUMAR SON OF MR. VINOD SAH R/O VILLAGE- KANTI CHHAPRA, P.S.- KANTI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2022 Heard learned counsel for the parties concerned through virtual court proceedings.
Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 393 of 2020 registered for the offence under Section 392 and 411 of the I.P.C.
The prosecution in brief is that the informant while going along with consignment of potato and onion by a truck was over taken by a Scorpio in which four unknown accused persons were sitting who dragged the informant and his brother from the truck and put them in the Scorpio vehicle and one of the accused persons fled away with the truck and they also snatched a sum of Rs. 3800/- from the pocket of the informant. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged
Patna High Court CR. MISC. No.56616 of 2021(2) dt.10-02-2022 2/3 and he has been made accused in the present case on the basis of the confessional statement of the co-accused / Abhay Ranjan who has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 33409 of 2021. Other similarly situated accused persons, namely, Manoj Kumar, Rahul Kumar and Sunil Chaudhary have also been granted bail by Co-ordinate Benches including this Bench of the Court vide Cr. Misc. Nos. 26025 / 2021 , 35166 / 2021 and 45643 / 2021 respectively. She further submits that no incriminating and / or looted article has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. Parade. Petitioner is in custody since 12.01.2021.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused persons have been granted bail by different Benches of this Court, petitioner is in custody since 12-01-2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner above named be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.56616 of 2021(2) dt.10-02-2022 3/3 the satisfaction of learned Additional Chief Judicial Magistrate XV, Muzaffarpur in connection with Gaighat P.S. Case No. 393 of 2020.
(Anil Kumar Sinha, J) praful/- U T