Patna High CourtCR. MISC./83591/2023allowed

Raushan Rai @ Raushan Kumar v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83591 of 2023 Arising Out of PS. Case No.-568 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== RAUSHAN RAI @ RAUSHAN KUMAR SON OF INDRAJIT RAI R/O VILLAGE- DHANKAUL, P.S.- PIPRAHI, DIST.- SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 4132, 414, 468, 467 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of Arms Act.

3. According to the FIR, the petitioner along with three co-accused persons are said to have been apprehended from whose possession, illegal arms and amunitions were recovered. From possession of this petitioner, one country made pistol as well as five live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his criminal

Patna High Court CR. MISC. No.83591 of 2023(2) dt.04-01-2024 2/2 antecedents. The petitioner has no concerned with the alleged arms seized by the police or with the other co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 16.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Sitamarhi P.S. Case No. 568 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

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