Roushan Sah @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61336 of 2017 Arising Out of PS.Case No. -31 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Roushan Sah @ Roushan Kumar S/o Rajesh Prasad @ Rajesh Kumar Sah, R/o Village- Mirjanhat, Durga Asthan, P.S.- Mojahidpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Nathnagar P.S. Case No. 31 of 2015, a case under Section 366A/34 of the Indian Penal Code. However, charge sheet has been submitted under Sections 366A/376/506 of the Indian Penal Code.

This is a case of misuse of privilege of bail. The impugned order reveals that due to absence of the petitioner the charge could not be framed in this case.

Submission is that charges have already been framed on 14.11.2017.

Considering the aforesaid fact, let the petitioner,

Patna High Court Cr.Misc. No.61336 of 2017 (2) dt.19-12-2017 P2/ above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nathnagar Police Station Case No. 31 of 2015, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T