Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67971 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- KHAIRA District- Jamui ====================================================== 1.

RAUSHAN KUMAR S/O LATE ANANDI SINGH Resident of villageDabil, P.S.- Khaira , District- Jamui. 2.

GULSHAN KUMAR S/O RAJENDRA SINGH Resident of Village- Dabil, P.S.- Khaira, District- Jamui.

3.

PAPPU YADAV @ PAPPU KUMAR YADAV S/O SUKHADEV YADAV Resident of village- Hariharpur, Tola Chango Dih, P.S.- Khaira, DistrictJamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Kant Mishra, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Suryakant Mishra learned counsel appearing on behalf of the petitioners and Mr. Sunil Kumar Pandey, learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khaira P.S. Case No. 156 of 2021, dated 24.05.2021, G.R. No. 1384 of 2021 registered under Sections 363 and 365 of the Indian Penal Code.

Allegedly, it is a case of abduction of the son of the informant by the petitioner and other accused persons. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.67971 of 2022(3) dt.17-05-2023 2/3 further submits that petitioners have not played any role in abduction of the victim and the victim has been recovered from the house of one Anil Singh and not from the house of these petitioners and this fact has been stated in para-16 of the case diary. Petitioners have clean antecedent.

Learned counsel appearing on behalf of the petitioners further submit that similarly situated co-accused persons namely Dhiraj Kumar and Arun Singh @ Arun Kumar Singh have been granted bail vide order dated 08.12.2022, passed in Cr. Misc. No. 29252 of 2022 and Jitendra Kumar has also been granted bail vide order dated 25.02.2023, passed in Cr. Misc. No. 74181 of 2022.

Learned APP appearing for the State has opposed the prayer for anticipatory bail and submitted that from perusal of the case diary witnesses have supported the case of the prosecution.

Considering the aforesaid submissions, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.-cum-A.S.J.-II, Jamui or his

Patna High Court CR. MISC. No.67971 of 2022(3) dt.17-05-2023 3/3 successor in connection with Khaira P.S. Case No. 156 of 2021, G.R. No. 1384 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) pravinkumar/- U