Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65647 of 2024 Arising Out of PS. Case No.-204 Year-2024 Thana- GOGRI District- Khagaria ====================================================== Raushan Kumar Son of Bishundeo Singh Village- Khatha Gandhi Nagar P.SGogari, District -Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-11-2024 Heard Mr. Vivekanand Singh, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Gogari P.S. Case No. 204 of 2024 for the offence punishable under sections 25(1-b)A, 26 of the Arms Act lodged on 23.05.2024 by the informant, Ramkrishna Rai.
3. As per the prosecution story, the informant alleged that upon information, it apprehended the accused persons and allegation against this petitioner is that from his left side of waist, one country made loaded pistol and from the right pocket, live cartridges recovered/seized. This led to the FIR, arrest.
4. Learned counsel for the petitioner submits that he do not have criminal antecedent, is a student, the police has implicated for which he has already suffered by being in
Patna High Court CR. MISC. No.65647 of 2024(3) dt.25-11-2024 2/3 custody since already suffered being in custody since 24.05.2024 (para 4 of the petition).
5. Learned APP opposes the prayer for bail submitting that recovery/seizure has been made from him.
6. Having gone through the facts of the case as also the submissions put forward by the parties, though allegation is there against the petitioner, he is only 20 years of age, has no criminal antecedent and is in custody since 24.05.2024, keeping him in jail for long along with the criminals will be fruitful for his future, considering the aforesaid facts, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No. 204 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.65647 of 2024(3) dt.25-11-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T