Rausan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4598 of 2024 Arising Out of PS. Case No.-87 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Rausan Singh S/O Ram Niwas Singh Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

2.

Bhaggi @ Bhagirath Jatt Na Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

3.

Kailash Bhati S/O Om Prakash Bhati Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

4.

Rajesh@ Rajesh Singh S/O Dhanpat Jatt Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

5.

Jagdish Jatt S/O Ganga Singh Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

6.

Ghanshyam Jatt S/O Devkan Jatt Resident Of Dhanupura, Ps. Kadar Chok,Dist. Badayu, U.P.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikalp, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022 dated 04.02.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, four miscreants are

Patna High Court CR. MISC. No.4598 of 2024(5) dt.01-08-2024 2/3 alleged to have committed robbery of cash, clothes and ornaments from the shop of one Rakesh Kumar.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has surfaced in the present case during the course of investigation. No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by the Coordinate Bench of this court vide order dated 12.10.2023 passed in Cr. Misc. No. 64812 of 2023. The petitioner nos. 5 and 6 have 20 criminal antecedents and the petitioner nos. 1, 2, 3 and 4 have six criminal antecedents as stated in supplementary affidavit filed on behalf of the petitioners. The petitioners are in custody since 31.05.2022.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with

Patna High Court CR. MISC. No.4598 of 2024(5) dt.01-08-2024 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with S.T. No. 7/2023 arising out of Sitamarhi P.S. Case No. 87 of 2022 with the condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T