Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68932 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Raushan Kumar S/o Dorik Das Resident of Village- Dostiya, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bela P.S. Case No. 53 of 2021 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 15.04.2021.

The allegation against the petitioner is to commit murder of brother of the informant, alongwith other co-accused persons, by opening indiscriminate firing, due to long standing land dispute.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.68932 of 2021(3) dt.18-10-2022 2/3 submitted that petitioner is not named in the F.I.R., where informant is the eye witness of the occurrence. It is submitted that name of the petitioner surfaced, during the course of investigation, on the basis of confessional statement of coaccused, namely, Akash Sah, in furtherance thereof, nothing incriminating surfaced/recovered to connect this petitioner, prima facie, with the present set of occurrence. It is further submitted that due to criminal antecedent, petitioner has been falsely implicated in the present case, as he was involved in three more criminal cases and in most of the cases, name of the petitioner surfaced on the basis of confessional statement, as of present case.

It is pointed out that similarly situated co-accused person has already been granted bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 56718 of 2021 dated 04.04.2022. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the F.I.R.

In view of the facts and circumstances, as mentioned

Patna High Court CR. MISC. No.68932 of 2021(3) dt.18-10-2022 3/3 above, as nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner with the present set of occurrence coupled with the fact that chargesheet has already been submitted, where petitioner is in custody since 15.04.2021, let the petitioner, above named, is directed to be released on bail in connection with Bela P.S. Case No. 53 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T