Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77042 of 2024 Arising Out of PS. Case No.-65 Year-2022 Thana- MAKER District- Saran ====================================================== Raushan kumar Son of Ramesh Prasad Ray @ Ramesh Ray village- Mahesh Chapra, P.S.- Maker, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirityunjay Kumar, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-10-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The Petitioner apprehends his arrest, in connection with Maker P.S. Case No. 65 of 2022 dated 13.04.2022, registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506, 427, 379, 354 and 307 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added.
3. The prosecution case as emerges from the FIR is that the accused persons came to the house of the informant and one Arun Kumar Giri assaulted the informant by means of farsa. An allegation of threatening and killing is also there.
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.77042 of 2024(2) dt.25-10-2024 2/3 case. He further submits that the allegation of the informant is not corroborated by medical evidence because as per the medical evidence, no injury was found on the body of the person. He further submits that similarly situated co-accused, namely, Sanjay Kumar Rai has already been granted anticipatory bail by this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 6582 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It is also stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.77042 of 2024(2) dt.25-10-2024 3/3 satisfaction of Ld. Additional Chief Judicial Magistrate-XIIIth, Saran at Chapra or Successor Court, in connection Maker P.S. Case No. 65 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has given wrong statement regarding his criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T