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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7048 of 2022 Arising Out of PS. Case No.-63 Year-2019 Thana- NTPC District- Patna ====================================================== RAVI KUMAR YADAV @ RAVI KUMAR Son of Devendra Yadav Resident of Village - Mangarchak, Police Station - N.T.P.C., District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with NTPC P.S. Case No. 63 of 2019 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 31.03.2021.

The allegation against the petitioner is to have snatched SIM of the informant.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner has surfaced on the basis of confessional statement of co-accused, namely, Sanjeev

Patna High Court CR. MISC. No.7048 of 2022(2) dt.28-06-2022 2/3 Kumar @ Bhim Mahto, leading no recovery, which may incriminate or connect the petitioner with the present set of occurrence. It has further been submitted that the petitioner is involved in five criminal cases, in all these cases, he is on bail. While concluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that name of the petitioner has surfaced on behalf of confessional statement of co-accused.

Considering the facts and circumstances as mentioned above, as name of the petitioner has surfaced on the basis of confessional statement of the co-accused and nothing has been recovered to incriminate the petitioner in the present set of occurrence, let the petitioner, above named, is directed to be released on bail in connection with NTPC P.S. Case No.63 of 2019 on furnishing bail bond of Rs.

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the

Patna High Court CR. MISC. No.7048 of 2022(2) dt.28-06-2022 3/3 State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Md. Imran Khan, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T