Ravindra Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19334 of 2024 Arising Out of PS. Case No.-276 Year-2022 Thana- HILSA District- Nalanda ====================================================== Ravindra Pandit S/o Videshi Pandit @ Bideshi Pandit R/o Village - Sewa, P.S. - Gidhaur, Dist. - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2024 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in connection with S. T. No. 638 of 2022 arising out of Hilsa P.S. Case No. 276 of 2022, FIR dated 20.04.2022, registered for the offence under Sections 363 and 365 of the Indian Penal Code and later on Sections 364A, 302, 201, 377 and 34 of the Indian Penal Code was also added.
3. The petitioner along with other co-accused persons are said to have kidnapped the minor son of the informant and committed unnatural act with him, as a result of which, the son of the informant died.
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4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation as allegation as alleged is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the name of the petitioner transpired on the basis of the confessional statement of the co-accused person, namely, Kundan Pandit. He further submits that except the aforesaid, no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present case. He further submits that similarly situated other co-accused person has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 68978 of 2022.
5. Vide order dated 13.03.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 03.04.2024 reveals that the charge has not been framed in the present case.
6. Learned counsel for the petitioner submits that in view of the report of the learned trial Court that there is no chance of early conclusion of the trial in near future and the
3/4 petitioner is in custody since 24.04.2022.
7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
8. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail after framing of the charges on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. I, Hilsa, (Nalanda) in connection with Hilsa P.S. Case No. 276 of 2022 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his
4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T