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2023 Supreme(Online)(Pat) 3252
PATNA HIGH COURT
Mr. Justice Partha Sarthy
RAUSHAN KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./22407/2022
An accused is entitled to be released on bail if he has been in custody for a significant period of time and the charge sheet has been submitted in the case.
Headnote:
BAIL - SECTION 307, 341, 324, 34 OF IPC AND SECTIONS 25(1-B)(A), 26 AND 27 OF THE ARMS ACT - REGULAR BAIL - GRANT OF - ACCUSED IN CUSTODY FOR 10 MONTHS - CHARGE SHEET SUBMITTED - NO CRIMINAL ANTECEDENTS - BAIL GRANTED.
Fact of the Case:
The petitioner was arrested in a case registered under sections 307, 341, 324 and 34 of the Indian Penal Code and sections 25(1-b)(a), 26 and 27 of the Arms Act. The prosecution alleged that the petitioner resorted to firing resulting in gunshot injury to the informant in his back.
Finding of the Court:
The court found that the petitioner had been in custody for 10 months since 14.2.2022 and that the charge sheet had been submitted in the case. The court also noted that the petitioner had no criminal antecedents.
Issues: Whether the petitioner should be granted regular bail.
Ratio Decidendi: The court held that the petitioner was entitled to be released on bail as he had been in custody for a significant period of time and the charge sheet had been submitted in the case.
Final Decision: The court directed the petitioner to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22407 of 2022
Arising Out of PS. Case No.-241 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
RAUSHAN KUMAR Son of Late Ramchandra Mandal Resident of Village
Gadha, P.s. - Runnisaidpur, District - Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 307, 341, 324
and 34 of the Indian Penal Code and sections 25(1-b)(a), 26 and
27 of the Arms Act.
As per the prosecution case, it is stated that the
petitioner resorted to firing resulting in gunshot injury to the
informant in his back.
It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case. The
manner of occurrence is other than what has been narrated in the
FIR. There are discrepancies in the preparation of the seizure
list, the matter being reported to the police station, recording of
Patna High Court CR. MISC. No.22407 of 2022(3) dt.11-01-2023
2/2
the fardbeyan and registration of the FIR. The petitioner is in
custody since 14.2.2022 and charge sheet has been submitted in
the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner, the petitioner being in custody for 10 months since
14.2.2022 and charge sheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in
connection with Runnisaidpur P.S. Case no. 241 of 2019 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Sitamarhi.
Prakash/-
(Partha Sarthy, J)
U
