Ravi Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5786 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- KINJAR District- Jehanabad ====================================================== Ravi Sinha Son of Late Satyanand Sinha Resident of Village- Tikaitpur, P.S.- Neura, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bikramdeo Singh, Advocate Mr.Paras Nath, Advocate For the Opposite Party/s :
Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2020 The matter has been taken up through virtual Court proceeding.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 21.11.2019 in a case registered for the offence punishable under Section 395 of the Indian Penal Code, hence, the prayer for bail has been made through the present application. The prosecution case, as per the fardbeyan of Pramod Kumar recorded by S.I. Md. Irsad Alam, Kinjar P.S. on 20.10.2019 at 11.15 A.M., is to the effect that on 19.10.2019 at 8.45 P.M., the informant started with Huawei truck from Saidpur to Naubatpur but as soon as he reached near Kinjar, one
2/4 Scorpio vehicle intercepted the truck and thereafter, the driver and cleaner were abducted and Huawei truck in question was robbed off along with cash amount to the tune of Rs.26,800/- and mobile phones of the driver and cleaner, leading to registration of the case against unknown. During investigation, the petitioner was apprehended in a suspicious condition when he confessed about the commission of the offence and from his possession, mobile phone was recovered which he claims to be of his own.
It is submitted by learned counsel for the petitioner that only on the basis of the suspicion, the petitioner has been roped in the present case. Neither there is any recovery from the possession of the petitioner nor he has been put on T.I. Parade. It is further submitted that the Scorpio vehicle, which is alleged to have used in the alleged occurrence, has been recovered from the possession of co-accused Ritesh Kumar and co-accused Monu Kumar has been granted bail by Co-ordinate bench of this Court vide Cr. Misc. No. 1934 of 2020. It is further submitted that the petitioner is accused in two other cases, but he is on bail in one of the cases and investigation has already been concluded.
Learned APP for the State submits that the
3/4 petitioner confessed his guilt.
Considering the fact that investigation has already been concluded, petitioner has not been put on T.I. Parade and period under custody, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Sub-divisional Judicial Magistrate, Arwal in connection with Kinjar P.S. Case No. 110 of 2019.
However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.
The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Arwal in connection with Kinjar P.S. Case No. 110 of 2019.
4/4 The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical mode will not resume in next three months. (Dinesh Kumar Singh, J) DKS/- U T