Ravi Kumar @ Bolero v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8372 of 2019 Arising Out of PS. Case No.-499 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAVI KUMAR @ BOLERO S/o Late Gopi Jamadar Resident of VillageFajilapur, P.S.- Islampur, District Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 11.10.2018 in connection with Laheri P.S. Case No. 499 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he being a Field Supervisor of a courier company while he was sitting in the office, three persons entered and on pistol point demanded money and took away Rs. 2,47,130/- along with mobile, laptop and other machines. In the said shop the accused dropped the names of each other being Sonu, Hashna and Raja. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information

Patna High Court Cr.Misc. No.8372 of 2019(2) dt.14-02-2019 2/3 Report and has been falsely implicated in the aforesaid case. He submits that the co-accused was arrested in another case and on his confessional statement the name of the petitioner has surfaced. It is further submitted that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses and that one of the co-accused named in the First Information Report, has already been granted the privilege of bail in Cr. Misc. No. 11477 of 2018 vide order dated 05.04.2018 However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent, as one more case although under the Arms Act, is pending against the petitioner.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 499 of 2017, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.8372 of 2019(2) dt.14-02-2019 3/3 will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T