Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50909 of 2023 Arising Out of PS. Case No.-555 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Raushan Singh, Son of Mithlesh Singh @ Mithalesh Singh, Resident of Village- Manichak, P.S.- Islampur, Dist- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with S. Tr. No. 689 of 2022 arising out of Wazirganj P.S. Case No. 555 of 2021 dated 26.12.2021 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

3. This is second attempt of the petitioner for the relief of regular bail after his earlier bail prayer was rejected by this Bench vide order dated 23.02.2023 passed in Cr. Misc. No. 64406/2022 preferred by this petitioner and he has been languishing in jail since 20.07.2022.

4. The fresh grounds taken by the petitioner for the relief of regular bail in his second attempt are that in the

Patna High Court CR. MISC. No.50909 of 2023(2) dt.02-08-2023 2/3 earlier rejection order, this Court granted the petitioner a liberty to renew his bail prayer after framing of charge and accordingly in the light of the said liberty, he has again come before this Court for the relief of regular bail as upon him the charge has been framed on 21.06.2023 and so far as the merit of this case is concerned the petitioner is not named in the FIR and his name came into light in the confessional statement of co-accused namely Sahweer Paswan which has no evidentiary value in the eye of law and the said co-accused has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 52261/2022.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly taking into account the petitioner's custody period and the privilege of bail to co-accused Sahweer Paswan, on whose confession the petitioner's name came into light, granted by a co-ordinate Bench of this Court and also the fact that the petitioner's trial has started, in my opinion in the present circumstances, the petitioner now deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten

Patna High Court CR. MISC. No.50909 of 2023(2) dt.02-08-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with S. Tr. No. 689 of 2022 arising out of Wazirganj P.S. Case No. 555 of 2021.

(Shailendra Singh, J) annu/- U T