Allowed

Roushan Kumar v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./12358/2024

Case brief

AI extract

What is this about?

In a recovery deputation case under IPC 392, the Patna High Court granted bail to the petitioner after framing of charge, directing the trial court to proceed within 15 days and imposing physical presence conditions if the charge-sheet was pending.

What did the court decide?

Petitioner released on bail after framing of charge, with conditions for sureties and physical presence in trial court if charge-sheet pending.

Roushan Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12358 of 2024

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Arising Out of PS. Case No.-412 Year-2023 Thana- GURUA District- Gaya

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======================================================

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Roushan Kumar, aged about 21 years, (Male), Son Of Ranjan Prasad @ Rajay Prasad R/O-Pirawa, P.S.-Salaiya, Distt.-Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 27-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Gurua P.S. Case No.412 of 2023 registered for the offence under Section 392 of the Indian Penal Code.

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As per the prosecution case, when the informant was returning after collecting the money, in the way four unknown persons on gun point snatched his bag, in which total Rs.32,715/- was kept along with other articles.

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Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case merely on his past antecedent. He next submits that petitioner is not named in the FIR and nothing incriminating arti-

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Patna High Court CR. MISC. No.12358 of 2024(2) dt.27-02-2024 2/3

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cle has been recovered either from the possession of the petitioner or his house. Petitioner is in custody since 07.11.2023 and the name of the petitioner came on the basis of his confessional statement before the police.

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Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Gurua P.S. Case No.412 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Pragya Aishwarya, Judicial Magistrate, Ist Class, Sherghati at Gaya.

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The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

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Patna High Court CR. MISC. No.12358 of 2024(2) dt.27-02-2024 3/3

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framing of charge.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/-

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U T

Roushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Roushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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