Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48398 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAUSHAN KUMAR Son of Late Lalit Singh Resident of Village - Harpur Mukund , P.s.- Rajapakar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 394 and 302 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, on 26.02.2022 at 6 P.M. the informant's father informed the informant's mother on phone that he was returning to home after taking sweets. When the informant's mother tried to contact him, the informant's father's mobile was found switched off. On social media, the informant

Patna High Court CR. MISC. No.48398 of 2022(2) dt.08-12-2022 2/3 saw the photo of his father and he came to know that some miscreants shot his father dead in the course of loot on N.H-19 near Chandan Nursing home Naurangabad Dighit, Durga Mandir and his father's body has been taken to the hospital, then the informant reached the hospital and saw two gun shot injuries on the chest of his father.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of coaccused Raja Kumar. No T.I.P. has been conducted by the prosecution. Charge-sheet has already been submitted against the petitioner. The petitioner is also accused in one more criminal case which is not of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection

Patna High Court CR. MISC. No.48398 of 2022(2) dt.08-12-2022 3/3 with Hajipur Sadar P.S. Case No. 149 of 2022, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T