Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64258 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== RAUSHAN KUMAR, aged about 26 years (M), Son of Mantu Ram @ Mantu Kumar Ram, Resident of Village-Shadipur, P.S-Kotwali, District-Munger. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anurag Saurav, Advocate.

For the Opposite Party :

Mrs. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 394 of the IPC.

The prosecution story, in brief, is that on 24.06.2019 at 11.10 A.M. when the informant was going to deposit a cash of Rs. 6,31,000/- and cheques which were given to him by shopkeepers in collection. In the meantime, a boy fallen his Bicycle before the vehicle by which Rajesh Kumar stopped the vehicle. The boy took the key of the vehicle. Then two boys trying to snatch the bag and other boy fired and fled away alongwith his bag. In this way, a lump-sum amount of Rs. 6,31,000/- and Cheque of Rs. 4,00,675 have been looted away by the accused persons.

Patna High Court CR. MISC. No.64258 of 2019(2) dt.05-11-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.06.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. There is no recovery of any incriminating from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Ist, Munger, in connection with Kasim Bazar P.S. Case No. 155 of 2019.

(Sudhir Singh, J) U.K./- U T