Ravi Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14397 of 2022 Arising Out of PS. Case No.-220 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== RAVI KUMAR MEHTA, Son of Late Radhe Mehta Resident of Village - Bhaiyapatti, P.S.- Basopatti, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Harlakhi P.S. Case No. 220 of 2021, registered for the offence punishable under Section 379 of the I.P.C. As per allegation, the motorcycle of the informant was stolen, when it was parked in front of Block Resource Centres.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further points out that he was not named in the F.I.R. and his name has emerged only from confessional

2/4 statement of the co-accused. He also submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that his name has been dragged in this case due to village politics. The petitioner is in custody since 17.09.2021. It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.

It has further been stated that the petitioner has been made accused in Harlakhi P.S. Case No. 221 of 2021. However, the learned APP for the State has opposed the prayer for bail.

Considering the facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - II, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 220 of 2021 on the following conditions:

(i) The petitioner will make himself available for

3/4 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

4/4 The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T