Raushan Kumar @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78477 of 2018 Arising Out of PS. Case No.-927 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Raushan Kumar @ Roushan Kumar Son of Rajiv Kumar Gupta Resident of Village/Mohalla-Ashok Nagar Road No.-1,P.S. Kankarbagh,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kankarbagh P.S. Case No. 927 of 2018 registered for the offence punishable under Sections 356, 379, 411of the Indian Penal Code.

Informant has stated in her written complaint that while she had gone to purchase vegetables and after parking her scooty she was keeping her mobile in the box, two accused persons came near her and one snatched mobile and started fleeing away and the other accused followed him, however both were caught by public and from the possession of co-accused Raja, her looted mobile was recovered and from possession of the petitioner two stolen mobile was recovered. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated on suspicion only.

Patna High Court Cr.Misc. No.78477 of 2018(2) dt.18-01-2019 2/2 Petitioner runs a tea shop there and on altercation with police personnel he has been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 03.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna, in connection with Kankarbagh P.S. Case No. 927 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T