Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14801 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== RAVI KUMAR S/o Late Raj Kumar Das R/o village- Satpura Pokhariya Pir, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha, Adv For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2021 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Singhwara P.S. Case No. 02 of 2020 registered under Section 364A of the Indian Penal Code.
Son of informant was missing for two and a half months. It is alleged that he has been recovered from the place from where the instant petitioner was also arrested.
Patna High Court CR. MISC. No.14801 of 2021(6) dt.22-10-2021 2/3 Learned petitioner's counsel submits that as per prosecution case, victim has been with the petitioner for two and a half months. In the T.I Parade victim has identified co-accused Amarendra Kumar Singh and Abhay Kumar though he, however has not identified the instant petitioner, this is apparent from Annexure 2. Even in victim's statement recorded under Section 164 Cr.P.C. he has not named the instant petitioner other than his own confessional statement and confessional statement of co-accused Amarendra Kumar Singh who has already been allowed bail in Cr. Misc. No. 29480 of 2020, there is no material against the instant petitioner. He is in custody since 22.3.2020. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Vth, Darbhanga in Singhwara P.S. Case No. 02 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.14801 of 2021(6) dt.22-10-2021 3/3 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T