Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69274 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== RAUSHAN KUMAR S/O SANJAY SINGH VILLAGE- ADARSH LAXMIPUR, PS- BARAHIYA, DIST- LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 120(B), 201, 337/34 of the Indian Penal Code and sections25 (1-B0a, 26, 35, 27 of the Arms Act.
3. As per allegation in the FIR, for interrogation, police officials had called the petitioner at police station in Barahiya PS Case No. 107 of 2023, in which he confessed that he was gathered with other accused persons for hatching a conspiracy in which petitioner had opened fire. At his instance, used arms (one country made pistol, one country made katta, one live cartridge and two empty cartridges) were recovered from the house of one old lady, namely, Savita Devi and then
Patna High Court CR. MISC. No.69274 of 2023(2) dt.02-11-2023 2/2 the present FIR.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case at the instance of his enemies. No incriminating weapons were recovered from the possession of the petitioner so no arms act will attract against him. Chargesheet has already been submitted and as such there is no chance of tampering with the evidence. Petitioner is languishing in judicial custody since 14.5.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Barhaiya P.S. Case No. 108 of 2023.
(Sunil Kumar Panwar, J) sushma/- U