Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9873 of 2021 Arising Out of PS. Case No.-104 Year-2019 Thana- KHAGAUL District- Patna ====================================================== ROUSHAN KUMAR SON OF SHAMBHU RAI @ SHAMBHU YADAV @ SHAMBHU KUMAR RESIDENT OF VILLAGEMALITOLA CHOUHATA, POLICE STATION- DIGHA, DISTRICT- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Swetabh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Khagaul P.S. Case no. 104 of 2019 registered under sections 394 and 34 of the Indian Penal Code.

As per allegation in the FIR, lodged against three unknown persons, it is stated by the informant that three accused persons surrounded the informant who was on motorcycle, dispossessed him of his belongings and escaped on the motorcycle.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The petitioner has

Patna High Court CR. MISC. No.9873 of 2021(3) dt.09-07-2021 2/2 not been put on T.I. Parade inspite of being in custody since 6.9.2020. No incriminating article has been recovered from his possession. His name transpired in the confessional statement of co-accused Bambeer Yadav who has himself been enlarged on bail vide order dated 8.7.2020 passed in Cr. Misc. no. 18484 of 2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration that the investigation in the case has concluded and grant of bail to co-accused Bambeer Yadav on whose confessional statement the name of the petitioner transpired, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khagaul P.S. Case no. 104 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Danapur, District Patna. Spd/- (Partha Sarthy, J) U T