Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45198 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- SHIKARGANJ District- East Champaran ====================================================== Raushan Kumar S/O Avdhesh Mestar Resident of Village- Harihara, P.SShikarganj, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shikarganj P.S. Case No. 30 of 2024 instituted for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. Earlier vide order dated 31-012025, passed in Cr. Misc. No. 5051 of 2025 anticipatory bail of the petitioner was rejected by this Court.

3.

Prosecution case, in short, is that when the informant was on the way, two unknown miscreants boarded on motorcycle intercepted the informant and looted Rs. 12,850/- from him and fled away.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.45198 of 2025(2) dt.04-07-2025 2/3 that the petitioner is in custody since 22-03-2025. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Annu Kumar and Ajit Kumar. Petitioner was not put on T.I.P. Nothing has been recovered from the possession of the petitioner. Other co-accused has been enlarged on bail vide order dated 17-12-2024, passed in Cr. Misc. No. 86131 of 2024 by this Court.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shikarganj

Patna High Court CR. MISC. No.45198 of 2025(2) dt.04-07-2025 3/3 P.S. Case No. 30 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T