Raushan Kumar @ Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86275 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Raushan Kumar @ Roushan Kumar Son of Upendra Sahni R/o vill - Chand Sarai, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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 Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of robbery. When the informant was working in the gas godown, six unknown miscreants came on two motorcycles and out of which four persons laced with arms entered into the godown and two persons kept the vigil at the entrance. They committed robbery of two lakhs cash in the godown and for creating panic and fear also did aerial firing.

4. It is submitted by learned counsel for the petitioner that petitioner petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the

Patna High Court CR. MISC. No.86275 of 2023(2) dt.11-01-2024 2/2 petitioner is named in the F.I.R. nor put on T.I.P. His name has been transpired in the confessional statement of co-accused Prakash Kumar, which has no evidentiary value in the eye of law. Nothing incriminating or looted money has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 08.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur PS Case No. 121 of 2023.

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