← Library
Patna High CourtCR. MISC./11362/2023allowed

Ravikant Kumar @ Bittu v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11362 of 2023 Arising Out of PS. Case No.-776 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

RAVIKANT KUMAR @ BITTU Son of Sri Ramakant Singh R/vShekhpura, P.S.- Gaurichak, District- Patna 2.

RAMA SINGH Son of Late Ramieshwar Singh R/v- Shekhpura, P.S.- Gaurichak, District- Patna 3.

SHIV SHANKAR SINGH Son of Sri Satendra Kumar Singh R/vShekhpura, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12909 of 2023 Arising Out of PS. Case No.-776 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

CHANDAN PATEL @ CHANDAN KUMAR S/O NAND SINGH @ NAWAL SINGH Resident of village- Ramganj, P.S.- Gaurichak, DistrictPatna. 2.

DEEPAK SEN @ SAHIL SAXSENA S/O PARMANAND MAHTO Resident of village- Ramganj, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 11362 of 2023) For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv Mr. Abhay Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP Ms. Sanju Singh, Adv Mr. Ajay Kumar, Adv (In CRIMINAL MISCELLANEOUS No. 12909 of 2023) For the Petitioner/s :

Mr. Sudhir Kumar, Adv For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP Ms. Sanju Singh, Adv Mr. Ajay Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard the parties.

Patna High Court CR. MISC. No.11362 of 2023(4) dt.22-06-2023 2/3 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Vide order dated 25.04.2023, the bail application as against petitioner namely, Rama Singh in Cr. Misc. No.11362 of 2023 was dismissed as withdrawn.

Now, this application is being heard with regard to the rest of the petitioners.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 504, 506, 427 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution case, all the accused persons including the petitioners armed with weapons, went to the house of the informant and started firing and also damaged his vehicle. It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further

Patna High Court CR. MISC. No.11362 of 2023(4) dt.22-06-2023 3/3 submits that similarly situated co-accused persons have been granted bail by Co-ordinate Bench of this Court vide order dated 16.05.2023 passed in Cr. Misc. No.11119 of 2023 and vide order dated 18.05.2023 passed in Cr. Misc. No.14216 of 2023 respectively. Petitioners in Cr. Misc. No.11362 of 2023 have no criminal antecedent whereas petitioners in Cr. Misc. No.12902 of 2023 have one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gaurichak P.S. Case No.776 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T