Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 555 of 2024 Arising Out of PS. Case No.-514 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Raushan Kumar S/o Ram Kewal Ram R/o Village Khanaw PS Bhabua, Distt. - Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms Alka Singh, Advocate For the Respondent/s :
Mr Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 23-09-2024 Heard.
2 This revision petition has been preferred by the petitioner being aggrieved with the judgment dated 06.06.2024 passed by the learned Additional Sessions Judge I -cum- Special Judge, Kaimur at Bhabhua in AC Trial No 11 of 2024 arising out of Bhabhua PS Case No 514 of 2021 initially registered for the offence punishable under Sections 364/34 of the IPC but later on added with Sections 302, 201/34 of the IPC whereby the prayer for bail of the petitioner has been rejected. 3 According to the case of the prosecution, son of the informant disappeared. On calling on his mobile phone, the mobile phone was switched off. It is further stated that on search, it transpired that he used to visit the house of the
Patna High Court CR. REV. No.555 of 2024(4) dt.23-09-2024 2/3 petitioner and the other co-accused persons and it appeared that they had hidden him. On the basis of that, initially a case under Sections 364/34 of the IPC has been registered. Later on, the dead body of the son of the informant was found. Allegedly, he was murdered by the present petitioner along with other coaccused persons. Thus, Sections 302, 201/34 of the IPC had also been added.
4 Learned counsel submitted that the petitioner is a boy and has been falsely implicated in this case. There is no any legal evidence available on record against him. He has been implicated only on the basis of confessional statements made by other co-accused persons. He further submits that main accused persons, i e, Ram Kewal Ram and Ram Narayan Ram have already been granted regular bail by this Court. Lastly, he submits that the petitioner is in custody since 03.04.2024. He has no criminal antecedent. Since all the accused persons, who are major, have already been granted bail, therefore, this petitioner may also be granted the privilege of bail. 5 Learned counsel for the State opposes the prayer for bail.
6 Considering the fact that the petitioner is in custody since 03.04.2024, the petitioner is granted the privilege of bail.
Patna High Court CR. REV. No.555 of 2024(4) dt.23-09-2024 3/3 7 Accordingly, this revision petition is allowed. 8 Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I -cum- Special Judge, Kaimur at Bhabhua in AC Trial No 11 of 2024 arising out of Bhabhua PS Case No 514 of 2021.
(Arvind Singh Chandel, J) M.E.H./- U T