Raushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.39451 of 2015 (3) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39451 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Raushan Kumar son of Anil Bhagat Resident of village - Salempur, P.S. Lalganj, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 392, 324,307/34 of the Indian Penal Code and Sections 25(1-b)a,26 and 35 of Arms Act.

It is alleged by the informant that when he was returning from purchasing house hold articles on the village shop towards his house talking over his mobile, in the meantime three motorcycle borne miscreants reached there and one of them snatched his mobile and another one fired and thereafter they gave a pistol butt blow over his head thereby severely injuring him. On alarm, nearby persons assembled there and caught the three miscreants after chasing them.

Patna High Court Cr.Misc. No.39451 of 2015 (3) dt.13-10-2015 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since 6.5.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. From perusal of Annexure 2 it appears that the injury is simple in nature and the matter has been compromised between the parties, vide Annexure 4 to the supplementary affidavit. Other accused person has been granted bail vide order dated 09.09.2015 in Cr. Misc. No. 40361 of 2015, vide Annexure 3 to the supplementary affidavit.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in Lalganj P.S.Case No.112 of 2015.

(Sudhir Singh, J) singh/- U T