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Patna High CourtCR. MISC./5894/2023allowed

Ravi Kumar @ Ravi Shankar Kumar @ Ravi Shankar v. The State Of Bihar

2023-04-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5894 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- PAUTHU District- Aurangabad ====================================================== Ravi Kumar @ Ravi Shankar Kumar @ Ravi Shankar S/O- Vishwanath Prajapati @ Bishvanath Prajapati R/O Village- Tarari Tole, Mushlimabad, P.S.- Daudnagar, District-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 461, 379 of the Indian Penal Code.

As per allegation in FIR, the informant alleged that several electronic articles including cash of Rs. 35,640/- were stolen from the shop of informant by unknown miscreants after trespassing.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner is not named in FIR rather he has falsely been made

Patna High Court CR. MISC. No.5894 of 2023(2) dt.10-04-2023 2/2 accused in this case on the basis of suspicion. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has come into light on his self confessional statement which has got no evidentiary value in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 18.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pauthu P.S. Case No. 94 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Aurangabad (Bihar).

(Sunil Kumar Panwar, J) Amandeep/- U T