Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4056 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== RAVINDRA KUMAR Son of Arvind Singh @ Arvind Kumar Singh R/VKhilwat P.S- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Industrial Area P.S. Case No. 50 of 2022, G.R. No. 1366 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The brother of the informant and his rescuer, Lala Ray are alleged to have been shot fired with intention to kill them by the miscreants as a result of which brother of the informant died during course of treatment and Lala Ray died on the spot. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion and on the basis of confessional statement of the co-accused, Sujit Kumar Singh. He

Patna High Court CR. MISC. No.4056 of 2023(3) dt.20-06-2023 2/3 further submits that except the suspicion and confession of the co-accused, no cogent material has surfaced against the petitioner to suggest his involvement in the alleged occurrence. He further submits that it has come during investigation that coaccused, Amresh Kumar @ Amul Singh Yadav and Shashi Bhushan Kumar have fired upon the deceased causing them death. He further submits that there is no accusation of assault or any overt act is attributed to the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner has been remanded in this case on 30.07.2022 since then he is in judicial custody.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries nineteen more cases other than the present one even though he has been allowed bail in eleven cases.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 50 of 2022/ G.R. No. 1366 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.4056 of 2023(3) dt.20-06-2023 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T