Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71871 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

Raushan Kumar Son Of Rajendra Sharma R/O Village- Hariraha Ward No. 3, P.S.- Shankarpur, Dist.- Madhepura 2.

Dayanand Sharma Sonof Sukhdeo Sharma R/O Village- Raibhir, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 392 and 411 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they snatched motorcycle of the informant along with his mobile on the point of pistol.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The name of the petitioners came into light in this case on the basis of

Patna High Court CR. MISC. No.71871 of 2023(2) dt.08-11-2023 2/2 confessional statement of co-accused Mukesh Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioners. The recovery is from the co-accused Mantu Kumar. Moreover, the petitioners are languishing in judicial custody since 27.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Shankarpur P.S. Case No. 116 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Madhepura. (Sunil Kumar Panwar, J) Shageer/- U T