Ravi Singh @ Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3236 of 2022 Arising Out of PS. Case No.-271 Year-2019 Thana- BARH District- Patna ====================================================== Ravi Singh @ Ravi Ranjan Kumar Son Of Shatish Singh Resident Of Village - Bichali Malahi, P.S. Barh, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh For the Opposite Party/s :
Mr .Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-11-2022 Heard Ld. counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Barh P.S. Case No. 271 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 307 of I.P.C. and 27 of Arms Act.
The prosecution case as emerging from FIR is that when the informant was going to his home by motorcycle, the accused-petitioner along with his associates surrounded him and the petitioner fired upon him which caused injury on his thigh.
Ld. counsel for the petitioner submits that the
2/4 petitioner is innocent and has falsely been implicated in this case on account of previous enmity. He further submits that the injury is not on the vital part of the body, rather the injury is on thigh. He also submits that investigation in this case is complete and charge-sheet has already been submitted. He has no information regarding framing of charge.
The petitioner has been languishing in jail since 12.08.2021.
It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.
It has further been stated in paragraph no. 3 that the petitioner has been made accused in nine more cases. However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that there is direct allegation against the petitioner of opening fire upon the informant. The injury report also supports the prosecution case showing injury grievous in nature.
3/4 Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. A.C.J.M., Barh, Patna in connection with Barh P.S. Case No. 271 of 2019, after framing of charge, if not already framed, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
4/4 below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
Learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ramesh/- U T