Ravi Kumar @ Ravi Yadav @ Ravi Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24626 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== RAVI KUMAR @ RAVI YADAV @ RAVI PRAKASH KUMAR SON OF LATE RAJDEO YADAV R/O VILLAGE- BAHADURGANJ, P.S.- SIGAUDI, DISTRICT- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate.
Mrs. Vagisha Pragya Vacaknavi, Advocate.
For the Opposite Party/s :
Mrs. Pushpa Sinha-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Section 302/201 of the Indian Penal Code and under Section 27 of the Arms Act.
Some unknown miscreants is said to have called the younger brother of the informant, shot dead him and thrown the dead body in the Aahar.
Patna High Court CR. MISC. No.24626 of 2021(2) dt.08-09-2021 2/3 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to dirty village politics and previous enmity. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. The only material that has come against the petitioner is that some persons have been seen with the deceased as last seen. The petitioner has been languishing in custody since 14.12.2020.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Dulhin Bazar P.S. Case No.204 of 2020, subject to the following conditions :
(1) that one of the bailors will be a close relative of
Patna High Court CR. MISC. No.24626 of 2021(2) dt.08-09-2021 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.
(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U T