Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47073 of 2025 Arising Out of PS. Case No.-537 Year-2024 Thana- BARUN District- Aurangabad ====================================================== 1.

Raushan Kumar S/O Harihar Singh R/O Vill.- Hawaspur, P.S.- Barun, Dist.- Aurangabad.

2.

Harinarayan Singh S/O Late Dharmdeo Singh R/O Vill.- Hawaspur, P.S.- Barun, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2025 Heard Mrs. Mukul Kumari, learned counsel for the petitioners and Mr. Ramchandra Sahni, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Barun P.S. Case No. 537 of 2024, G.R. No. 3740 of 2024 F.I.R. dated 18.11.2024 registered for the offences punishable under Sections 303(2) of the B.N.S. of the Indian Penal Code.

3. The case relates to recovery of 234 square stolen pipes from the house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. She further submits that the allegation as

Patna High Court CR. MISC. No.47073 of 2025(2) dt.11-08-2025 2/2 alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R.

5. Learned APP for the State, on the other hand, on the basis of material available on record, opposed the prayer for anticipatory bail of the petitioners and submits that it has come during investigation that the recovery has been made from the house of the petitioners and on perusal of the seizure list it appears that square pipes 50 X 50 (69 pieces), 50 X 25 (63 pieces) and 25 X 25 (102 pieces) total 234 square pipes have been recovered and apart from that the petitioners carry one more case other than the present one which is pending.

6. Considering the aforesaid facts and the fact that recovery has been made from the house of the petitioners, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Barun P.S. Case No. 537 of 2024, G.R. No. 3740 of 2024 pending in the Court of learned Chief Judicial Magistrate, Aurangabad.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T