Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19810 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Ravindra Kumar S/o- Shivmangal Ram Village- Barvat Prasrain , W.No- 37, Police station-Bettiah Muffasil District-West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Adv.
For the State :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 514 of 2024 registered for the offences punishable under Sections 310(4), 310(5), 317(2) of Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-B) (a), 26, 35 of the Arms Act.
3. As per prosecution case, petitioner and three others are said to have apprehended by the police and from possession of the petitioner one country made loaded pistol was recovered and after unloading the same, one live cartridge was recovered. It is further alleged that one Hero Splendor Plus motorcycle without having any number plate was also recovered from
Patna High Court CR. MISC. No.19810 of 2025(2) dt.30-04-2025 2/3 possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case by the police. He further submits that as per prosecution case four persons were apprehended on the spot and one person managed to escape and hence, it cannot be said that alleged recovery of motorcycle has been made from conscious possession of the petitioner. Petitioner is in custody since 17.11.2024 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of
Patna High Court CR. MISC. No.19810 of 2025(2) dt.30-04-2025 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 514 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T