Raushan Kumar @ Putus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21685 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -ATHMALGOLA District- PATNA ====================================================== Raushan Kumar @ Putus S/o Tej Narayan Singh, R/o Vill.- Rampur Dumra, P.S.- Maranchi (O.P.- Panchmahla), District- Patna ... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Party : Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 302/120B/34 IPC and under section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been named as one of the members of the assembly on basis of suspicion. He submits that as on the date of occurrence, i.e., 6.9.2017, the petitioner was in judicial custody in connection with Maranchi Police Station Case No. 27 of 2015. Even otherwise, other members of the assembly, namely, Baudhu Singh @ Ram kumar Singh, Golu Singh @ Golu Kumar, Ram Murari Singh and Shyamali Singh @ Shamali Singh have already been allowed bail by this Court vide orders passed in Cr.Mis.No. 20360, 24446 and 166 of 2018 and Cr.Misc.No. 61493 of 2017 respectively. He also claims

Patna High Court Cr.Misc. No.21685 of 2018 (3) dt.18-05-2018 parity having criminal antecedents of the said petitioners. Prior to the lodging of the instant case, the petitioner is accrued in three other cases which have been detailed in paragraph 3 of the bail application. Petitioner has been acquitted in one of them, while he is on bail in other two cases. Petitioner has been remanded in this case on 16.9.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna in Athmalgola Police Station Case No. 219 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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