Ravi Bled @ Khiladi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18856 of 2022 Arising Out of PS. Case No.-148 Year-2016 Thana- NOKHA District- Rohtas ====================================================== Ravi Bled @ Khiladi, Son Of Sri Nand Kishor Tiwari Resident Of VillageKarari, P.S.- Baddi (SHIVSAGAR), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Nokha P.S. Case No. 148 of 2016, registered for the offence punishable under Section 392 of the Indian Penal Code. As per allegation, when the informant along with Bablu Ansari and Ram Babu was going to Banaras by his pick-up van bearing Registration No. UP65A2846, they were assaulted by the petitioner and his associates. Allegation of snatching of Rs. 6200/- and two mobile phones are also there.
The learned counsel for the petitioner submits that
2/5 the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. He also submits that the name of the petitioner has emerged only on the basis of confessional statement of one Prakash Kumar Pande. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that no TIP has yet been conducted. He further submits that similarly situated co-accused person, namely, Prem Kumar Patel, has already been enlarged on bail by a co-ordinate Bench of this Court vide order date 09.11.2017, passed in Cr. Misc No. 52011 of 2017. He further submits that though the petitioner has been made accused in other cases also, but in all those cases, he is on bail.
The petitioner has been languishing in jail since 24.09.2021.
It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.
It has further been stated in paragraph no. 3 of
3/5 the petition that the petitioner has earlier been made accused in following cases:
1. Sasaram (T) P.S. Case No. 592 of 2019
2. Sasaram P.S. Case No. 119 of 2021
3. Barachatti P.S. Case No. 401 of 2016
4. Nokha P.S. Case No. 191 of 2016
5. Nokha P.S. Case No. 154 of 2016
6. Nokha P.S. Case No. 204 of 2016
7. Nokha P.S. Case No. 198 of 2016 However, the learned APP for the State has opposed the prayer for bail.
Considering the aforesaid facts, and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nokha P.S. Case No. 148 of 2016 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
4/5 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
5/5 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) uttam/- U