Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62051 of 2022 Arising Out of PS. Case No.-371 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Raushan Kumar Son of Naresh Sah R/o Ashogi, P.S.- Bairganiya, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 371 of 2022 lodged under Sections 379, 328 of the I.P.C.

As per the prosecution case, the allegation made in the F.I.R., it has been alleged that the accused persons have taken the vehicle from the driver of the informant by providing him spurious material by which the driver of the informant become unconscious and taken the Scorpio vehicle. Subsequently, for the event of theft of Scorpio vehicle with mobile, the present F.I.R. has been filed.

Learned counsel for the petitioner submits that upon minute reading of the F.I.R., it transpires that 90% of the content of F.I.R. is based on hearsay material. Only a few part is the

Patna High Court CR. MISC. No.62051 of 2022(2) dt.24-02-2023 2/2 correct content and that is the Scorpio of the informant was subject to theft and the key of the Scorpio was recovered from the pocket of the petitioner.

Counsel further submits that petitioner's antecedent is clean and he is in custody since 17.07.2022. He submits that there are 2 sections attached in the F.I.R., Section 328 and Section 379. The material of Section 328 is based on hearsay evidence but content of Section 379 is there. He submits that it is a magisterial triable offence and petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Chhatauni P.S. Case No. 371 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T