Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22357 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Ravi Ranjan Kumar S/O 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. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mahua P.S. Case No. 359 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 25.07.2022.

The allegation against this petitioner is commit robbery alongwith other co-accused persons and while committing so taken away a motorcycle, which was in possession of informant during the occurrence. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.22357 of 2023(2) dt.04-07-2023 2/3 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Rakesh Kumar, in furtherance of which no incriminating material recovered, as to connect petitioner, prima facie, with the present occurrence of robbery. It is submitted that the looted motorcycle was not recovered from the possession of this petitioner, rather mobile which was also looted during the course of occurrence was recovered from the co-accused, Rakesh Kumar. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused, no incriminating material appears against this petitioner to connect with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 25.07.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.22357 of 2023(2) dt.04-07-2023 3/3 Mahua P.S. Case No. 359 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T