Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57439 of 2017 Arising Out of PS.Case No. -269 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ravi Kumar, S/o Kishori Sah @ Raj Kishore Pd. Sah, Resident of Mohalla-Station Road Dighi Kala Purvi, P.S. Sadar, Hajipur, DisttVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/364/365/120B of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added.

The petitioner and others are suspected to have committed the murder of the son of the informant. Submission of the learned counsel for the petitioner is that only material is suspicion and the reason for false implication is previous dispute. To counter the allegation of the informant that CDR of the mobile of the petitioner was

Patna High Court Cr.Misc. No.57439 of 2017 (6) dt.06-03-2018 P2/ examined by the police and it was found that in the wee hours of the night the petitioner had called on the mobile to the deceased on the date of occurrence, submission of the learned counsel for the petitioner is that the brother of the petitioner had already lodged a Sanaha on 06.06.2017 vide Annexure-2 that his mobile phone was missing.

Learned counsel for the informant opposed the prayer for bail.

Considering the fact that there is no substantive evidence against the petitioner for refusal of the prayer for bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Hajipur Sadar P.S. Case No.269 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T