Ravi Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.53157 of 2015 (3) dt.12-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53157 of 2015 Arising Out of PS.Case No. -449 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Ravi Kumar Sharma, S/o Sajjan Kumar Sharma, resident of MohallaKabari Gali, P.S.- Kotwali, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kotwali P.S. Case No. 499 of 2015 registered for the offence punishable under Section 436 of the Indian Penal Code.

Allegedly, unknown person set fire in the basement of the building of the informant resulting two motorcycles were bunt and three motorcycles were partially burnt and on the basis of photo of CCTV footage the petitioner was apprehended as the witnesses after seeing the photo of CCTV footage named the petitioner. Submission is of false implication and that there is no photo attached with the case diary and only on the basis of

Patna High Court Cr.Misc. No.53157 of 2015 (3) dt.12-01-2016 suspicion the petitioner has been implicated, resulting he is suffering in custody since 05.09.2015 having no criminal antecedent, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 449 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T