Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6231 of 2018 Arising Out of PS. Case No.-339 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Raushan Kumar Son of Sri Mahesh Prasad, Resident of Village-Mustafapur, P.S. Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. SRI SHAILENDRA KUMAR -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Minapur P.S. Case No. 339 of 2017 registered for the offence punishable under Section 394 of the Indian Penal Code in which chargesheet was submitted under Section 395/412 of the Indian Penal Code. Informant has alleged that on 09.09.2017, while he was returning from his nursing home on motorcycle, one miscreant assaulted him on his helmet and by that time three more miscreants came there and started assaulting him and he identified the miscreants in the light of the motorcycle. They snatched away his motorcycle, Rs. 5000/- cash, PAN Card, Driving Licence, Aadhar Card, UCO Bank ATM, Central Bank of India ATM and his mobile phone, and fled away. The FIR is

Patna High Court Cr.Misc. No.6231 of 2018(3) dt.28-02-2018 2/2 against unknown. The name of the petitioner has surfaced in this case on the basis of confessional statement made by the petitioner in Minapur P.S. Case No. 370 of 2013 and except that confessional statement there is nothing incriminating against the petitioner. It has been further stated that petitioner is known to the informant and he was not named in the FIR but still he has lodged the FIR against unknown. It has been further submitted that petitioner is in custody since 09.10.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 339 of 2017.

(S. Kumar, J) ranjan/- U