Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64406 of 2022 Arising Out of PS. Case No.-555 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Raushan Singh Son Of Mithlesh Singh R/V- Manichak, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Wajirganj P.S. Case No. 555 of 2021 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code. As per the prosecution, the informant alleged that two unknown miscreants assaulted and abused him by tying him up with a piece of cloth and looted the truck loaded with paddy. The main submissions advanced by learned counsel Mr. Anil Chandra, appearing for the petitioner are that the petitioner is not named in the FIR and his name surfaced in the statement of coaccused Sahweer Paswan and the prosecution is mainly placing reliance on the said statement in respect of the involvement of the petitioner in the alleged crime but if we take the said statement to be true even then the petitioner was simply alleged that co-accused

Patna High Court CR. MISC. No.64406 of 2022(3) dt.23-02-2023 2/2 come at his house where co-accused Rampukar Yadav was residing on rent and petitioner's house was taken on rent by the said co-accused and except this there is no any other allegation against the petitioner and the said statement does not show that the petitioner was involved in the commission of loot and he has been languishing in jail since 20.07.2022 and he was not put on test identification parade after his arrest in the present matter. Learned APP Mr. Choubey Jawahar, appearing for the State has opposed the prayer for bail and submitted that the looted truck has not been recovered till now and the investigation is still running.

Having considered the facts that the looted truck has not been recovered till now and the investigation is still pending on other points as stated by learned APP and the petitioner has a long criminal history, in the opinion of this Court the petitioner does not deserve to the privilege of bail at this stage. Accordingly, his prayer for bail stands rejected.

The petitioner may renew his prayer for bail after framing of charge.

(Shailendra Singh, J.) maynaz/- U T