Ravi Kumar @ Shalendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17183 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Ravi Kumar @ Shalendra Kumar Son Of Nageshwar Mahto R/O Vill Darkha, Ps-Lachua, Dist-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413 and 414 of the Indian Penal Code.
3. As per FIR, one Sachin Kumar along with other had used country made pistol in looting a motorcycle, a mobile phone and Rs. 4850 cash. The said looted motorcycle was brought in the garage of this petitioner who used M-seal to conceal chasis number of the motorcycle. Thereafter, the said motorcycle was sold to one Nitish Kumar who gave 5,000/- to the Sachin Kumar. During investigation, after recording confessional statement of Sachin Kumar, police personnel reached at the house of said Nitish Kumar from where a
Patna High Court CR. MISC. No.17183 of 2024(2) dt.14-03-2024 2/3 motorcycle and mobile phone were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner has come on the basis of confessional statement of one Sachin Kumar in another case. Nothing looted article has been recovered from the conscious possession of the petitioner. It is further submitted from para-9 of this petition that only as alleged M-seal has been recovered from the garage of the petitioner which itself does not suggest the involvement of the petitioner in the present case. Nothing consistent material has come against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.12.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandradip P.S. Case No.
Patna High Court CR. MISC. No.17183 of 2024(2) dt.14-03-2024 3/3 263 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M- Jamui.
(Sunil Kumar Panwar, J) Shubham/- U T