Patna High CourtCR. MISC./19637/2019bail granted

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

2019-07-25Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19637 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== RAVI KUMAR @ RAVI KUMAR PRASAD S/o Jai Prakash Prasad R/o village- Kodai, P.S.- Pachrukhi, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Ajay Kumar-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Hussainganj P.S.Case No.250 of 2018 registered for the offence under Sections 392 and 411 of the Indian Penal Code. Accusation is that in the night at 8.30 P.M. on 20.07.2018 while the informant was going from Siwan to his house and as soon as he reached Telkathu more three miscreants came on motorcycle and stopped him and at the pistol point took away his splender motor cycle, Laptop of Del company, Rs.10,000/- and other papers kept in a bag. All the three miscreants were aged about 20 to 32 years.

Submission of the learned counsel for the petitioner is that the occurrence took place on 20.07.2018 but the informant

Patna High Court CR. MISC. No.19637 of 2019(5) dt.25-07-2019 2/2 lodged the F.I.R. on 06.08.2018, i.e. after 18 days of the occurrence against unknown. Further submission is that in course of investigation one co-accused Kundan Kumar Ram was apprehended who accepted in his confessional statement that he used to commit theft of motor cycle and thereafter robbed motorcycle of the informant was recovered from the rented room of co-accused Rohan Kumar Gupta. Co-accused Kundan Kumar Ram has in his confessional statement named this petitioner. Further submission is that co-accused Kundan Kumar has already been enlarged on bail by a coordinate Bench of this Court vide order dated 10.12.2018 passed in Cr.Misc.No.732150 of 2018. Further submission is that except it nothing has been collected against the petitioner.

Having considered the facts and circumstances of the case, the provision bail granted to the petitioner vide order dated 02.04.2019 is hereby confirmed.

(Rajendra Kumar Mishra, J) aks/- U