Ravi Bhagat @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53807 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Ravi Bhagat @ Ravi Kumar, S/o Late Vijay Bhagat, R/o MohallaBhartiyanagar, Baraha, Ward No. 27, P.S.-Saharsa, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Saharsa Rail P.S. Case No. 15 of 2016 instituted for the offences punishable under Section 392 of the Indian Penal Code. In substance, the allegation is that while the informant along with other persons had gone to defecate near Railway Line, some accused persons snatched his cash, mobile and some other belongings. In the meantime, a chase was offered by the informant and police escort party and apprehended one culprit, who disclosed the name of other co-accused including the petitioner.

Learned counsel for the petitioner submits that the petitioner has neither apprehended at the spot nor any

Patna High Court Cr.Misc. No.53807 of 2016 (2) dt.14-12-2016 2/2 incriminating material has been recovered from his possession. On the basis of confessional statement of co-accused, his name has been surfaced. Except this, nothing has been alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is incarcerating in jail custody since 20.09.2016.

The learned APP for the State has opposed the prayer of bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Khagaria in Saharsa Rail P.S. Case No. 15 of 2016 subject to the condition that:

(i) One of the bailors shall be his own/close family member. (ii) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Sanjay Kumar, J) rohit/- U T