Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51203 of 2014 Arising Out of PS.Case No. -134 Year- 2014 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raushan Kumar, son of Tuntun Mishra, resident of Village- Maruabad, Police Station- Mehsi, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bindhyachal Rai, Adv. For the Opposite Party/s : Mr. Sadanand Paswan , Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner.

Nobody has appeared on behalf of the State to oppose the prayer for bail.

The petitioner is an accused in Mehsi P.S.

Case No. 134 of 2014 under Sections 307, 323, 324, 341 read with Section 34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.

Learned counsel for the petitioner has submitted that though the altercation has taken place in which the petitioner was involved with regard to playing of some songs on the occasion of Shivaratri

Patna High Court Cr.Misc. No.51203 of 2014 (4) dt.04-03-2015 but there is no corroborative material to attract the offences under S.C./S.T. Act. It has further been submitted that the petitioner has no criminal antecedent and he has been in custody for about six months.

In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Mehsi P.S. Case No. 134 of 2014 subject to the following conditions:

(a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the

Patna High Court Cr.Misc. No.51203 of 2014 (4) dt.04-03-2015 court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

(V. Nath, J.) Vats/- U T