Ripusudan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9531 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- RANIGANJ District- Araria ====================================================== RIPUSUDAN KUMAR SINGH Son of Bhola Singh R/v- Narsingpur, Pahunsara, Ward No. 8, P.S.- Bausi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is in judicial custody in connection with Raniganj P.S. Case No.375 of 2022 instituted under Sections 399,402 of the Indian Penal Code and 25(1-b)A/26/35 of the Arms Act lodged on 02.11.2022 by the informant Kaushal Kumar.
As per the FIR, the informant on secret informantion about assembly of criminals preparing to commit crime, then informant informed second patrolling party to conduct joint operation and then the joint team raided the premises of Rupesh Kumar where seeing the police party, the culprits started fleeing from there but on chase, 07 culprits were caught, including the petitioner. After search, recovered and seized country made pistol and live cartridges from the possession of co-accused
Patna High Court CR. MISC. No.9531 of 2023(2) dt.03-05-2023 2/3 Suman Kumar Singh and on further inquiry, the culprits also disclosed to be preparing to rob a worker of Finance Company coming from Raniganj with cash. All the 7 culprits arrested, case lodged and police also seized three motorbike from the premises of Rupesh Kumar.
Learned counsel for the petitioner submits that he is in custody since 08.11.2022 and have no criminal antecedent. Taking into account that he is in custody since 08.11.2022 (as stated in paragraph-15 of the petition) and further do not have criminal antecedent, this Court is inclined to extend him to privilege of bail. If, however, it is found that he do have criminal antecedent the bail order shall become infructuous.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Raniganj P.S. Case No.375 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.9531 of 2023(2) dt.03-05-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T