Raushan Singh @ Chhotu @ Chhotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67467 of 2023 Arising Out of PS. Case No.-144 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Vikash Yadav, Son Of Naresh Yadav, Village -Baharar, P.S. -Sasaram Muffasil, District -Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67734 of 2023 Arising Out of PS. Case No.-144 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== Raushan Singh @ Chhotu @ Chhotu Singh, Son Of Pramod Kumar Singh, Resident Of Village - Noaon, P.S.- Bikramganj, District- Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67467 of 2023) For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP (In CRIMINAL MISCELLANEOUS No. 67734 of 2023) For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-10-2023
1. As both the criminal miscellaneous petitions have arisen out of same P.S. case, hence they are being taken up and decided together.
2. Heard learned counsel for the petitioners and the learned APPs for the State.
Patna High Court CR. MISC. No.67467 of 2023(2) dt.13-10-2023 2/3
3. Petitioners seek regular bail in connection with Imadpur P.S. Case No. 144 of 2021 dated 27.11.2021 registered for the offence(s) punishable under Section(s) 399, 402 of the Indian Penal Code and Sections 25(1-b)/a, 26, 35 of Arms Act.
4. This is second attempt of the petitioners for the relief of regular bail after their earlier attempt for the same relief was rejected by this court vide order dated 13.02.2023 passed in Cr. Misc. No. 67452 of 2022 and 45568 of 2022 respectively.
5. The main submissions advanced by learned counsel for petitioners are that as per the allegation, one loaded country-made pistol and three live cartridges have been recovered from the possession of the petitioner namely, Vikash Yadav and one loaded country-made pistol and three live cartridges have been recovered from the possession of the petitioner namely, Raushan Singh @ Chhotu @ Chhotu Singh and petitioners have been languishing in jail since 28.11.2021. Further submissions are that against the petitioner namely, Vikash Yadav, there are criminal antecedents of five cases but he is on bail in the said cases and against the petitioner namely, Raushan Singh @ Chhotu @ Chhotu Singh, there are criminal antecedents of two cases in which he has got bail and both the petitioners are young persons and one co-accused namely,
Patna High Court CR. MISC. No.67467 of 2023(2) dt.13-10-2023 3/3 Govind Kumar, whose case stands on similar footing with both the petitioners, has been granted bail by this court vide order passed in Cr. Misc. No. 66987 of 2023.
6. Learned APP appearing for the State has opposed the bail prayer.
7. Considering the above submissions and mainly petitioners' custody period and also their young age, in my opinion, now the petitioners deserve to the privilege of bail. Accordingly, let both the petitioners named-above be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Imadpur P.S. Case No. 144 of 2021.
(Shailendra Singh, J) Rajiv/- U T