Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19733 of 2017 Arising Out of PS.Case No. -200 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Raushan Kumar, Son of Sachindra Paswan, Resident of Village Baligarh, Naya Tola, P.S. - Runni Saidpur, District - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vaidehi Raman Prasad Singh, Advocate.

For the Opposite Party : Mr. Tapeshwar Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2017 Heard both sides.

The petitioner apprehends his arrest in Runnisaidpur P.S. Case No. 200 of 2012 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant Ram Nath Chaudhary named Mahendra Paswan, Sachindra Paswan, Surendra Paswan and Raushan Kumar, the petitioner and alleged that they having armed with different weapons came to his Darwaja. Surendra Paswan fired which hit in the abdomen of his brother Bharat Chaudhary who died during course of treatment in S.K.M.C.H., Muzaffarpur. Shri Vaidehi Raman Prasad Singh, learned counsel for the petitioner submits that the petitioner Raushan Kumar, of course, named in the FIR but no specific allegation is made

Patna High Court Cr.Misc. No.19733 of 2017 (3) dt.06-07-2017 2/2 against the petitioner. The petitioner has falsely been implicated in the case. The police after investigation submitted final form finding the case false against the petitioner but later on learned court below took cognizance against the petitioner also. Considering the facts aforesaid and the fact that no specific allegation is made against the petitioner, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 200 of 2012, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T