Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68826 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Raushan Kumar, Male, aged about 32 years, S/o Om Prakash Bhagat, R/o Village- Bharwa (Balkrishnapur Marwa), P.S.- Vidyapati Nagar, (Vidhapati Nagar) District- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nikhilesh Kumar, Advocate.

For the Opposite Party :

Mr. Rajendra Nath Jha, 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 seeks bail in connection with Mahnar P.S. Case No. 71 of 2024 dated 23.03.2024 registered for the offence punishable under Section 394 of the I.P.C.

3. As per the prosecution case, four unknown miscreants boarded on two motorcycles are alleged to have snatched the informant's motorcycle containing Rs. 1,50,000/- which was kept in the dicky and mobile phone. It is further alleged that they also assaulted the informant with the butt of the pistol on his mouth causing injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.68826 of 2024(2) dt.21-09-2024 2/3 this case. It is submitted that the petitioner is not named in the F.I.R. Nothing has been recovered from the possession of the petitioner. The petitioner has not been put on T.I. Parade as yet. The petitioner has been remanded in the present case from Mahnar P.S. Case No. 80 of 2024 in which a Mobile was recovered which is said to be the stolen mobile of the present case i.e., Mahnar P.S. Case No. 71 of 2024. The petitioner has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Bipul Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 52896 of 2024 under order dated 29.08.2024. The petitioner has two criminal antecedents and in one case, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 31.05.2024.

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 as well as the period of custody, the petitioner, above named, 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 C.J.M. Vaishali at Hajipur in connection with Mahnar P.S.Case No. 71

Patna High Court CR. MISC. No.68826 of 2024(2) dt.21-09-2024 3/3 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T