Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61148 of 2023 Arising Out of PS. Case No.-433 Year-2023 Thana- BIHAR District- Nalanda ====================================================== RAUSHAN KUMAR S/O RAJU PRASAD @ RAJU RAM R/O VILLAGEAMBER, P.S- BIHAR, DISTT.- NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 337, 307, 379, 504/34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner along with others is of assaulting the informant with an intention to kill him and one co-accused person snatched Rs. 3500/- from his pocket and one file of Asthawan P.S. Case No. 113/23. The informant further alleged that after sometime patrolling party came at the place of occurrence and apprehended the petitioner

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old

Patna High Court CR. MISC. No.61148 of 2023(2) dt.15-09-2023 2/2 dispute. He has committed no offence. From the perusal of the FIR, it is evident that four accuses perons assaulted and no any specific allegation against the petitioner, only there is general and omnibus allegation against the petitioner, but due to previous enmity and local politics informant falsely implicated the petitioner in this case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that charge-sheet has been framed. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bihar P.S. Case No. 433 of 2023. (Sunil Kumar Panwar, J) arish/- U