Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20452 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ravi Kumar S/o Mukesh Yadav R/o Vill - Saheya, P.S. - Muffasil, Dist. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard Ms. Mukul Kumari, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 386 of 2023 for the offence under Sections 341, 323, 307, 379, 504, 506 and 34 of the I.P.C. lodged on 10.09.2023 by the informant, Lalbabu Yadav.
3. As per the FIR, the allegation is that the accused persons including this petitioner after abusing assaulted the informant and against this petitioner there is allegation of assaulting the informant by an iron rod, as the villagers and family members came to the spot, they escaped.
4. Learned counsel for the petitioner submits that though there is an allegation, the injury has been found to be simple in nature. The further submission is that he is a student
Patna High Court CR. MISC. No.20452 of 2024(2) dt.04-04-2024 2/3 and putting him in jail may ruin his future. The last submission is that he is ready to co-operate in the investigation and diligently appear in trial.
5. Learned APP opposes the prayer stating that allegation against him is of assaulting the informant.
6. Though there is allegation against this petitioner which is unfortunate, the injury as per the medical report of the Medical Hospital, Sadar, Aurangabad is simple in nature, the petitioner is only eighteen years of age, a student, he is ready to cooperate in the investigation/trial and do not have criminal antecedent, in the opinion of this Court, putting him in jail with hardened criminals will not serve any purpose. In that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad in connection with Muffasil P.S. Case No. 386 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.20452 of 2024(2) dt.04-04-2024 3/3 the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T