Patna High CourtCR. MISC./66902/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66902 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Raushan Kumar S/o- Om Prakash Bhagat R/o Village- Bharwa (Balkrishnapur Marwa) P.S- Vidyapati Nagar (Vidhapati Nagar) DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 80 of 2024 dated 28.03.2024 registered for the offences punishable u/s 399, 402 and 414 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

3. As per the prosecution case, during patrolling, police apprehended the petitioner and other co-accused persons and from the possession of the petitioner, one looted mobile phone was recovered, for which Mahnar P.S. Case No. 71 of 2024 was instituted.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.66902 of 2024(2) dt.21-09-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated coaccused has already been granted bail by this Court vide order dated 31.08.2024 passed in Cr. Misc. No. 57880 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 80 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Aman Kumar/- U