Patna High CourtCR. MISC./8332/2024bail granted

Ravi Kumar v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8332 of 2024 Arising Out of PS. Case No.-688 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Ravi Kumar, Son of Munnilal Singh, R/o-Kanhaiya Nagar, Near 03 Number Bust Stand , P.S.-Gondapur, Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Fatehpur P.S. Case No. 688 of 2023, instituted for the offences punishable under Sections 414, 467 and 468 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner along with other co-accused persons was apprehended with two motorcycles which were alleged to be stolen.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern either with the recovered motorcycles or with co-accused persons. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has one criminal

Patna High Court CR. MISC. No.8332 of 2024(2) dt.19-02-2024 2/2 antecedent as has been stated in paragraph no. 3 of the present bail application in which he is on bail. The petitioner is languishing in judicial custody since 18.09.2023. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 11.01.2024 passed in Cr. Misc. No. 85914 of 2023 and vide order dated 23.01.2024 passed in Cr. Misc. No. 316 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Fatehpur P.S. Case No. 688 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T