Raushan Kumar @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69787 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== Raushan Kumar @ Raushan Kumar Singh Son of Nawal Kishore Singh @ Naval Kishore Singh @ Naval Singh Resident of Village-Kharsan, P.S.- Riga, District-Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jagjit Roshan, Advocate For the Opposite Party :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Riga P.S. Case No. 07 of 2019 for the offence under Sections 447, 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code and subsequently, Section 302 of the IPC was added. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 26.06.2019.

Referring to the prosecution case, learned counsel appearing on behalf of the petitioner would submit that there is allegation of assault on the deceased by Gransa against the petitioner but the post mortem report shows that the injury was caused by hard and blunt substance and not by sharp cutting weapon like Gransa. Learned counsel submits that in fact, the father of the informant was operated by a doctor of the Private Hospital and from there he was

Patna High Court CR. MISC. No.69787 of 2019(4) dt.03-06-2020 2/2 referred to the Government Hospital and subsequently, he died. It is therefore submitted that the petitioner cannot be fastened with the allegation of murder. He further submits that similarly circumstanced co-accused (Sonu Kumar @ Sonu Kumar) has been granted bail by a coordinate Bench of this Court on 16.10.2019 vide Cr. Misc. No. 45005 of 2019.

Considering the aforesaid facts and circumstances of the case, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri Rakesh Kumar, Judicial Magistrate, 1st Class, Sitamarhi in connection with Riga P.S. Case No. 07 of 2019, subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of three months in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) BT/- U T