Partly allowed

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

Patna HC23 Jul 2014CR. MISC./30932/2014

Case brief

AI extract

What is this about?

Patna High Court granted bail to petitioner Raushan pending trial after framing of charge. Court directed execution of bail bond with two sureties, one relative and one with immovable property, subject to appearance during trial.

What did the court decide?

Petitioner directed to be released on bail after framing of charge upon execution of bail bond and complying with specified conditions.

Raushan @ Raushan Kumar @ Chirkut Vs The State Of Bihar — Cheating and Forgery | Patna HC (2014)

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Patna High Court Cr.Misc. No.30932 of 2014 (2) dt.23-07-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.30932 of 2014

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Arising Out of PS.Case No. -5 Year- 2014 Thana -NAWADA District- NAWADA

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====================================================== Raushan @ Raushan Kumar @ Chirkut son of Sudhir Singh, R/o villageJamuawan, P.S.- Kashichak, District- Nawada, presently residing at Mohalla- Gonawan, P.s.- Nawada, Town, District- Nawada .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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2 23-07-2014 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Nawada Town P.S. Case No. 05 of 2014 registered for the offences punishable under Sections 441, 384 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

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Allegedly, acting on a tip off, a raid was conducted in the rented house of the petitioner from where Ranjan @ Rajan @ Ranjan Kumar and this petitioner were arrested. Several incriminating articles including some cartridges of firearms and one Hero Honda Motorcycle were recovered and the petitioner did not produce any paper for the same. Further on his disclosure one stolen motorcycle in open condition was recovered from the garage and the owner of the garage also did not produce any paper

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Patna High Court Cr.Misc. No.30932 of 2014 (2) dt.23-07-2014

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regarding the said motorcycle.

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Submission at the bar for release of the petitioner is that he has been falsely implicated, he has got his own house, he does not belong to any gang and he has not made any disclosure before the Police. Further co-accused Ranjan @ Rajan @ Ranjan Kumar has already been allowed bail vide Cr. Misc. No. 18770 of 2014 by the another Bench of this Court. The petitioner is suffering in custody since 4.1.2014 to which the learned APP opposes.

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In the facts and circumstances as stated above, noticing that the case of the petitioner is not on similar footing to that of co-accused Ranjan @ Rajan @ Ranjan Kumar, at this stage this Court is not persuaded to release him on bail but considering the period of detention, petitioner Raushan @ Raushan Kumar @ Chirkut is directed to be released on bail after framing of charge on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 05 of 2014, subject to the condition that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and

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Patna High Court Cr.Misc. No.30932 of 2014 (2) dt.23-07-2014

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every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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(Jitendra Mohan Sharma, J)

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avin/-
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Raushan @ Raushan Kumar @ Chirkut v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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