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Patna High CourtCR. MISC./10756/2025bail granted

Ravish Kumar @ Dashia @ Dashija v. The State Of Bihar

2025-06-26Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10756 of 2025 Arising out of PS. Case No.-372 Year-2017 Thana- FATUA District- Patna ====================================================== Ravish Kumar @ Dashia @ Dashija S/o Ashok Prasad @ Tokhi Yadav @ Ashok Singh R/o Gram- Fatuha, Dakbangal Road, P.S- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s:

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in a case instituted for the offences under Sections 363, 302 and 201(B)/34 and 120B of the Indian Penal Code. He has no criminal antecedent.

3. As per the prosecution case, it has been alleged by the informant that when his son was traceless and despite calls made to his number he could not be contacted hence initially missing case was lodged and subsequently the dead body of the son of the informant was found, thereafter, Section 302 IPC was added.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and subsequently after three days of lodging of the FIR an application was made by the in-

2/4 formant giving eight names including the petitioner stating to be involved in the killing of his son. It is further submitted by learned counsel for the petitioner that it is merely on suspicion the name of the petitioner has been included and the petitioner was not aware of his name being included in the present case and subsequently he was taken into custody on 26.08.2024 since then he is in custody. It is lastly submitted that the petitioner has no criminal antecedent and similarly situated co-accused person namely Suraj Kumar @ Lalkeshwar @ Lal Keshwar Prasad has been granted bail by a Co-ordinate Bench of this Court vide order dated 13.05.2025 passed in Cr. Misc. No. 14077 of 2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner was involved in killing the son of the informant as such the petitioner should not be released on bail.

6. Considering the aforesaid submissions of learned counsels and taking into account the fact that similarly situated co-accused person has been granted bail by a Co-ordinate Bench of this Court and the petitioner is in custody since 26.08.2024, the petitioner above named, is directed to be released on bail on

3/4 furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Patna City, Patna/Court concerned in connection with Fatuha P.S. Case No. 372 of 2017, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms

4/4 of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Vikash/- U T