Raushan Kumar Singh @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66938 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== RAUSHAN KUMAR SINGH @ RAUSHAN KUMAR S/O HARI SINGH R/O VILLAGE- DUMRI KALA- @ DUMRI KALAM, PS. MAJORGANJ, DIST. SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sahiyara P.S. Case No. 125 of 2023 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-a), 26(2)/35 of the Arms Act.
3. As per seizure list, one country made pistol alongwith one live cartridge was recovered from possession of the petitioner. It is further alleged that after unloading the said pistol one live cartridge was also recovered.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in this
Patna High Court CR. MISC. No.66938 of 2023(4) dt.13-02-2024 2/3 case. Petitioner is in custody since 27.07.2023 and bears no criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi/concerned court in connection with Sahiyara P.S. Case No. 125 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No.66938 of 2023(4) dt.13-02-2024 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T