Ravi Yadav @ Ravi Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18976 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- MANJHI District- Saran ====================================================== Ravi Yadav @ Ravi Kumar Yadav, S/o Shri Bhagwan Yadav, R/o VillageNarwan, P.S.- Manjhi, Dist.- Saran at Chapra (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Manjhi P.S. Case No.38 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 302, 427 and 435 of the Indian Penal Code.
3. The accused/petitioner is not named in the FIR and is in custody since 17.10.2023.
4. As per the case of prosecution, the petitioner along with others alleged to commit murder of son and nephew of the informant by making assault with lathi, danda, rod etc., where the occurrence is alleged to be arises out of previous enmity.
Patna High Court CR. MISC. No.18976 of 2024(3) dt.17-05-2024 2/3
5. It is submitted by learned counsel appearing for petitioner that petitioner was not named in the FIR and during course of investigation, his name surfaced on the basis of confessional statement of co-accused Byas Kumar Yadav, in furtherance of which, nothing incriminating appears to be recovered/surfaced as to connect the petitioner prima facie with crime in question. It is submitted that said co-accused Byas Kumar Yadav has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.41621 of 2023 dated 24.08.2023. It is submitted that the petitioner found involved in one more criminal case, where he is on bail. While concluding argument, it is submitted that investigation of this case has been completed and, as such, there is no chance of tempering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid facts and circumstances and further by taking note of the fact as save and except suspicion arises out of confessional statement, nothing prima facie appears during the course of investigation as to
Patna High Court CR. MISC. No.18976 of 2024(3) dt.17-05-2024 3/3 connect the petitioner with occurrence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 17.10.2023, accordingly, the above-named petitioner is directed to be released on bail 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 11th Additional Chief Judicial Magistrate, Saran at Chapra/Successor Court in connection with Manjhi P.S. Case No.38 of 2023 subject to the conditions as laid down under Section 437(3) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T