Ravi Shankar @ Patarku Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11013 of 2019 Arising Out of PS. Case No.-299 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== RAVI SHANKAR @ PATARKU RAJBHAR son of late Surendra Rajbhar village-Mahadah,P.S-Buxar(M), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.10.2018 in a case registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25 (1-B)a, 35 of the Arms Act.

The prosecution case got initiated on the basis of written report dated 12.10.2018 submitted by ASI, Ravi Shankar to the Station House Officer, Buxar (M) Police Station is to the effect that on 12.10.2018, the informant after having received information to the effect that 5 to 6 accused persons are preparing to commit dacoity, he along with the police party reached near the house of co-accused Sunil Rajbhar, but on seeing the police, 3 to 4 persons started fleeing

Patna High Court Cr.Misc. No.11013 of 2019(2) dt.25-02-2019 2/3 away, though out of them, co-accused Sunil Rajbhar and Manoj Chauhan were apprehended who disclosed that the petitioner is one of the accused person who escaped from scene. It is alleged that on frisking, one loaded country made pistol and a motorcycle were recovered from apprehended accused.

It is submitted by learned counsel for the petitioner that neither there is any recovery from the possession of the petitioner nor has the petitioner been put on Test Identification Parade and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the name of the petitioner sprang up on the basis of confessional statement of apprehended co-accused persons.

Considering the fact that no recovery has been made from the conscious physical possession of the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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

Patna High Court Cr.Misc. No.11013 of 2019(2) dt.25-02-2019 3/3 Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 299 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T