Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18037 of 2021 Arising Out of PS. Case No.-258 Year-2020 Thana- BEUR District- Patna ====================================================== RAVI KUMAR Son of Dinesh Prasad @ Dinesh Ram, Resident of Sipara Vishunpur Pakari, P.S.- Beur, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Shyam Kumar Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Beur P.S. Case No. 258 of 2020 registered for the offence punishable under Section 414/34 of the Indian Penal Code.
As per the prosecution story, on 10.10.2020 the informant along with police personnel were on patrolling duty near Canara Bank, three persons riding on Apache motorcycle were going towards Canara Bank but after seeing the Police
Patna High Court CR. MISC. No.18037 of 2021(2) dt.16-07-2021 2/3 party they tried to flee away. On chase, two persons including the petitioner were caught and they failed to produce any document with respect to Apache motorcycle. It is alleged that they have stolen the motorcycle and going to sell the same. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no incriminating article has been recovered from his conscious possession. The petitioner is in custody since 11.10.2020 having no criminal antecedent. Mr. Shyam Kumar Singh, learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case and the period of custody of nine months already spent by the petitioner who is having no criminal antecedent otherwise, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XII, Patna in connection with Beur P.S. Case No. 258 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
Patna High Court CR. MISC. No.18037 of 2021(2) dt.16-07-2021 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person 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 or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.