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Patna High CourtCR. MISC./6922/2025bail granted

Ravi Kumar v. The State Of Bihar

2025-02-19Mr. Justice Jitendra Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6922 of 2025 Arising Out of PS. Case No.-285 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Ravi Kumar S/O Ramesh Yadav R/O Village- Haldibari, Ward No. 1, P.S.- Barhara Kothi, District- Purnea ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailendra Kumar Singh, Advocate Ms. Bhagyashree Raj, Advocate For the State : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Murliganj PS. Case No.-285 of 2023, registered for the offences punishable under Sections 302, 120(B), 201, 34 of the Indian Penal Code.

3. As per the allegation, the son of the informant has been killed by unknown persons. As per the further allegation, a call from unknown number had come on the mobile of informant's son calling him from his home on 13.07.2023, but he did not come back even after a day. Then in course of search, he found the dead body of his son near canal bridge in the village Manhara. After postmortem, the dead body of his son

2/4 was cremated. On call by his sister on mobile nos. 7260006703 and 7061461934, she got reply that she would come to know the whereabouts of her brother after few days. It is further alleged that calls used to come on the mobile of his son from mobile nos. 8797191824, 7061461934, 9631699079 and 6299257076.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that none of the mobile numbers mentioned in the FIR belongs to the petitioner. Only material against the petitioner is confessional statement of the coaccused, Chotelal Kumar before the police which has no evidentiary value. He also submits that the investigation in this case is complete and charge-sheet has already been submitted.

5. He further submits that the petitioner has been languishing in jail since 19.09.2024.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

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9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhepura in connection with Murliganj PS. Case No.-285 of 2023 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

4/4 same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T