Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12738 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- MAHUA District- Vaishali ====================================================== RAVI RANJAN KUMAR Son of Bashist Narayan Singh R/v- Gadopur, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 20.07.2022 in connection with Mahua P.S. Case No. 358 of 2022, F.I.R. dated 25.05.2022 registered for the offence punishable under Section 392 of IPC.

As per allegation in the FIR, while the informant was coming after attending a marriage ceremony, three unknown miscreants assaulted him with pistol butt on his head and snatched his Honda bike, cash and other documents. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of

2/4 the petitioner has been transpired during investigation on the basis confessional statement of co-accused, namely, Amrendra Kumar. Further submits that some looted article has been recovered from the room of co-accused, namely, Amrendra Kumar, who is elder brother of the petitioner and the petitioner was arrested in Mahua P.s.Case No.360 of 2022 and remanded in the present case on 20.07.2022 and the coaccused person, namely, Abhisek Kumar has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 03.04.2023 passed in Cr. Misc. No. 3772 of 2023 and another co-accused namely, Biru Kumar @ Biru Bhagat has also been granted bail by this Court vide order dated 06.04.2023 passed in Cr. Misc. No.

66125 of 2022 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 20.07.2022. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that out of two cases, in one case, the petitioner has been granted bail by the learned court below itself and rest one case is pending for consideration, as mentioned in para-3 of the bail petition.

3/4 Considering the aforesaid facts, let the petitioner, above named, be released on bail after framing of the charges 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, Vaishali at Hajipur in connection with Mahua P.S. Case No. 358 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 of the above-mentioned

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

(Rajesh Kumar Verma, J) Nitesh/- U T