Raushan Kumar @ Raushan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60337 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Raushan Kumar @ Raushan Kumar Yadav Son of Devendra Prasad Yadav Resident of Village - Kishanipatti, P.S. - Phulparas, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Babubarhi P.S. Case No. 21 of 2024 instituted for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in brief is that while the informant was going to Barail (Madhubani) from Malda on Pickup Van, he was intercepted by four unknown miscreants and they have snatched Rs. 4500/- from him. It is also alleged that accused persons have fired upon the vehicle on which informant was going.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.60337 of 2024(2) dt.04-09-2024 2/3 that the petitioner is remanded in this case on 03-04-2024, from Khutauna PS Case No. 19 of 2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has sprung in this case on the basis of confessional statement of co-accused, namely, Pankaj Kumar. It is submitted that injury is found to be simple in nature. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Babubarhi P.S. Case No. 21 of 2024, subject to the following

Patna High Court CR. MISC. No.60337 of 2024(2) dt.04-09-2024 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T