Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.854 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- RUNISAIDPUR 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 For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Runnisaidpur Police Station Case No. 217 of 2021, registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25 (1-B)A/26/35 of the Arms Act. The prosecution case, as per the First Information Report, is that two live cartridges has been recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case along with other accused persons, alleging that they were making preparation for committing crime. He next submits that only two live cartridges has allegedly been recovered from the possession

Patna High Court CR. MISC. No.854 of 2022(2) dt.24-05-2022 2/2 of the petitioner. He further submits that the petitioner is in custody since 04.04.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 04.04.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur Police Station Case No. 217 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √