Ravindra Kumar @ Ravindra Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28645 of 2017 Arising Out of PS. Case No.-475 Year-2016 Thana- Hajipur District- Vaishali ====================================================== Ravindra Kumar @ Ravindra Kr., S/o Vijay Rai, Resident of MohallaBagmali, P.S.- Hajipur Town, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jharkhandi Upadhyay For the Opposite Party/s :
Mr. D.P.Tiwary, A.P.P.
========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
06-09-2017 Heard Sri Jharkhandi Upadhaya, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.
This is the second attempt for grant of bail on behalf of the petitioner. Earlier, his prayer for bail was rejected on 22-12-2016, vide Cr. Misc. No. 48437 of 2016. While dismissing, this Court has observed as follows:- "Considering the nature of accusation as well as the fact that petitioner was earlier also made an accused as stated in paragraph no. 3 of the petition, presently I am not inclined to extend the privilege of bail."
The petitioner is in custody since 12-07-2016 in Hajipur Town P.S. Case No. 475 of 2016 registered for offence under Sections 399, 402, 414, 467, 420, 472 of the Indian Penal Code, Sections 25 (1-B)A, 26 & 35 of the Arms Act, 1959 and
Patna High Court Cr.Misc. No.28645 of 2017(3) dt.06-09-2017 2/3 Sections 20 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
In this case, by order dated 09-08-2017, a report was called for from the court below regarding stage of the case, which has been received and kept at flag 'A'. The report dated 21-08-2017 suggests that till date, even a single witness has not been examined.
Learned counsel for the petitioner submits that earlier, considering the fact that no sort of contraband articles were recovered, save and except recovery of a country-made pistol with cartridge was shown from possession of the petitioner, this Court had observed that the bail is rejected for the present. Considering the earlier observation as well as the fact that no adequate progress has taken place in the case, let the petitioner namely Ravindra Kumar @ Ravindra Kr. be enlarged 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 Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 475 of 2016, with condition that one of the bailor must be blood relation of the petitioner and secondly, during trial, the petitioner shall remain physically present on each and every date. If continuously on
Patna High Court Cr.Misc. No.28645 of 2017(3) dt.06-09-2017 3/3 two dates, the petitioner remains absent, without prior permission of the trial court, his bail-bond shall stand automatically cancelled.
(Rakesh Kumar, J.) anay U T