Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8266 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== 1.

Raushan Kumar, Son of Ranjeet Verma @ Ranjit Verma, R/O Vilage- Iton Road Mananpur Bazar, P.S.- Chanan, Dist.- Lakhisarai 2.

Gautam Kumar @ Bhaiji, Son of Tripurari Verma, R/O Village- Mananpur Bazar, P.S.- Chanan, Dist.- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek regular bail in connection with Chanan P.S. Case No. 109 of 2023 dated 08.09.2023 registered for the offences punishable under Sections 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners have been languishing in jail since 27.09.2023 and the informant sustained simple injury as per his injury report and the FIR was registered against unknown and as per the prosecution, a motorcycle (Bajaj Pulsor) is stated to have been recovered from the possession of the petitioner Raushan Kumar but the prosecution failed to establish any connection of the said motorcycle in the

Patna High Court CR. MISC. No.8266 of 2024(2) dt.19-02-2024 2/2 commission of the alleged crime. Further submissions are that from the possession of the petitioner Gautam Kumar @ Bhaiji, no any incriminating material was recovered and against the petitioners, the investigation has been completed and during investigation, their names came into light in the statement of coaccused, namely, Uchit Ray but except this, there is no material against them to connect them to the alleged occurrence.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the custody period of the petitioners and completion of the investigation against them, this Court is inclined to accept their bail prayer. Accordingly, let the petitioners named-above be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Chanan P.S. Case No. 109 of 2023. (Shailendra Singh, J) annu/- U T