Raushan Kumar @ Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52599 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== RAUSHAN KUMAR @ RAUSHAN SON OF MUNSI MANDAL @ SHTRUGHAN MANDAL R/O-BARI BAZAR, P.S.-PUNAURA, DISTT.- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 11.06.2023, in connection with Sitamarhi P.S. Case No. 463 of 2023, F.I.R. dated 10.06.2023 registered for the offences punishable under Sections 399, 402, 467, 468, 469, 470, 471/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons were engaged in committing forgery by making false documents of different Departments and different Branches of Bank and several incriminating articles have been recovered.

Patna High Court CR. MISC. No.52599 of 2023(2) dt.22-08-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing incriminating article has been recovered from the possession of the petitioner and only one mobile phone has been recovered from the possession of the petitioner which belongs to the petitioner. He further submits that incriminating articles have been recovered from the other co-accused persons and the petitioner is in custody since 11.06.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 463 of 2023, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.52599 of 2023(2) dt.22-08-2023 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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