← Library
Patna High CourtCR. MISC./16075/2022bail granted

Ravi Kumar v. The State Of Bihar

2023-01-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16075 of 2022 Arising Out of PS. Case No.-376 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== RAVI KUMAR Son of Late Ajay Yadav Resident of Village- Kamlakund, P.S.- Ismailpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 328, 379, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his younger brother along with his mother proceeded to village Tetri. On their not returning back home, he started to search for them but they were not to be found. Subsequently after inquiry and with the assistance of the police on breaking open the door of the house of Ranjana Devi, the informant's mother was recovered in a semi-conscious state. Subsequently the dead body of his brother was also recovered. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16075 of 2022(3) dt.06-01-2023 2/2 that the petitioner has been falsely implicated in the case. There is no eye witness to the occurrence. The cause of false implication is evident from the contents of the F.I.R itself. Co-accused Ranju Devi has been enlarged on bail vide order dated 18.10.2022 passed in Cr. Misc. no. 19435 of 2022. The petitioner is in custody since 31.10.2021 and charge-sheet has been submitted in the case. He has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the material that has transpired in course of investigation, the petitioner being in custody for more than 1 year since 31.10.2021 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Naugachia P.S. Case no. 376 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur. (Partha Sarthy, J) avinash/- U T