Ravi Shankar Kumar @ Satyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15014 of 2021 Arising Out of PS. Case No.-183 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ravi Shankar Kumar @ Satyam, S/O Late Bipin Singh, R/V Mahesha Farakpur, P.S. Mahindwara, District-Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25 (1-B)A, 26, 35 of the Arms Act. Prosecution case, in brief, is that as per FIR, one of the accused arrested in Runnisaidpur P.S. Case No.158/2019 confessed before the police on 16.05.2019 that he alongwith his associates were going to commit robbery and grave occurrence on the same day and to make plan therefore his associates were
2/4 gathering in the house of co-accused Bambam Kumar and he was also to participate in the said meeting. On information, police raided the house of one accused namely Prince Singh @ Bambam Kumar and seized arms, ammunitions, motorcycles, mobiles etc and prepared seizure list and arrested the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the police has recovered one country made pistol loaded with magazine containing 05 live cartridges, one additional magazine containing 03 live cartridges, one multiple Pilas, watch and mobiles from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 17.05.2019.
The petitioner has got four criminal antecedents which is mentioned in para 3 of the bail petition. The similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 01.07.2020 passed in Cr. Revision. No.1349/2019. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
Considering the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two
3/4 sureties of the like amount each in connection with Runnisaidpur P.S. Case No. 183/2019 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.
(4) that the petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
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(5) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) amitkumar/- U T