Raushan Kumar @ Hitlar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54341 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Raushan Kumar @ Hitlar Son of Shashishekhar Yadav @ Shashishekhar Kumar Resident of Village - Jogwani, P.S.- Gamharia, District - Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks.

Heard learned counsel for the petitioner and Mr. Satya Nand Shukla, learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Singheshwar P.S. Case No. 131 of 2021 registered for the offences under Section 392 of the Indian Penal Code. He is in custody since 11.04.2022 having ten criminal antecedents.

As per the prosecution story, the informant has alleged that he was working as Manager of Baba Singheshwar Fuel Centre, Pipra Road, Singheshwar, on 03.06.2021 while he was on duty three persons on Apache Motorcycle came from the

Patna High Court CR. MISC. No.54341 of 2022(2) dt.16-12-2022 2/3 side of Pipra and took Rs. 1,64,952/- from Rohit Kumar on gun point and fled away. The faces of all the accused persons were covered.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He has been taken on remand from another case, till date no Test Identification Parade has been conducted, however he is in custody.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein petitioner is said to have been taken on remand from another case, till date no Test Identification Parade has been conducted and it is his submission that in most of the cases stated in paragraph '3' he is not named in the F.I.R., in four cases he is on bail and there being no submission on behalf of the State that his presence cannot be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 131

Patna High Court CR. MISC. No.54341 of 2022(2) dt.16-12-2022 3/3 of 2021, subject to the condition as laid down under Section 437

(3) Cr.P.C.

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 antecedent, 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. Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) Rajeev/- U T