Ravi Kumar @ Ravi Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34605 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Ravi Kumar @ Ravi Kumar Sahni S/o Brij Kishore Thakur, R/o VillageAfzalpur, P.S. Vaishali Belsad O.P., District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code. The prosecution case, in short, is that on 8.2.2016 at about 6.45 A.M. the informant had gone to village Kharauna along with his staff Ajit Kumar by his motorcycle for collection and when they reached near village Dharampur he saw that five persons were standing there with their motorcycle and out of them one made firing which hit left chest of the informant and one accused pointed pistol on his temple and told him to give the bag other wise he would kill him. Then the informant gave the bag to the accused and thereafter the accused persons fled away. It is further alleged that there was Rs.65,600/- of collection and I.D.

Patna High Court Cr.Misc. No.34605 of 2016 (3) dt.03-10-2016 card etc in bag.

By the earlier order, a report was called for in respect to the stage of the case. The same is at Flag 'A'. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.3.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on Test Identification Parade. His name has come on the basis of confessional statement of coaccused. The other co-accused similarly situated has been granted bail vide Annexure-2 to the present application. It is further submitted that the petitioner may be released after completion of nine months in custody from 19.3.2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 19.3.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional Sessions Judge,

Patna High Court Cr.Misc. No.34605 of 2016 (3) dt.03-10-2016 Muzaffarpur in connection with S.T. No.413 of 2016 arising out of Sadar (Muzaffarpur) P.S. case No.87 of 2016. (Sudhir Singh, J) Narendra/- U T