Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1420 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== Raushan Kumar Son Of Anirudh Mehta R/V- Aaish Tola, P.S.- Chausa, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code.

The prosecution case in nutshell is that on alleged date at about 1 A.M., on raising alarm of "chorchor", the villagers along with informant caught hold the petitioner with a motorcycle, bearing registration number BR-10-AD-4208, and one person manage to escape from there that was identified as Aman Kumar.

Patna High Court CR. MISC. No.1420 of 2023(2) dt.28-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner has no concern with the alleged recovered motorcycle and the said motorcycle belongs to co-accused Aman Kumar, with whom the petitioner was coming. Moreover, the petitioner is languishing in judicial custody since 09.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chausa P.S. Case No. 202 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.1420 of 2023(2) dt.28-03-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhepura.

(Sunil Kumar Panwar, J) nirajkrs/- U T