Raushan Kumar @ Raushan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54695 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Raushan Kumar @ Raushan Rai S/O Sudhir Kumar @ Sudhir Rai R/O Village- Nalhaul, Ps. Desari (Chandpur O.P.), Dist. Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.
3. As per prosecution case, some unknown miscreant on the point of pistol assaulted the informant and snatched the cash, mobile and other articles from him.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Chhotu Kumar, which has got no
Patna High Court CR. MISC. No.54695 of 2023(3) dt.08-11-2023 2/2 evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 13.09.2023 passed in Cr. Misc. No. 57619 of 2023. He is languishing in judicial custody since 17.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 429 of 2022. (Sunil Kumar Panwar, J) Arish/- U T