Ravi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM COURT'S CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.26214 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== RAVI RAI S/o Yogendra Rai Resident of Village-Sheikh Dhurwa, P.S-Bettiah Muffassil (Manuapul), District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajkumar Rajesh, Adv.
For the Opposite Party/s :
Mr.Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-10-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Ramchandra Sahani, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Bettiah Muffassil (Manuapul) P.S. Case No.34/2020 registered for the offence under Sections 406, 420, 467 and 468 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story the police came to know that some Thags are moving in the area and in course of raid this petitioner along with two other co-accused wanted to flee away after leaving
2/4 their motorcycle but they were chased and caught by the police. It is alleged that in presence of two independent witnesses when the petitioner was searched 84 Nepali currency of 100 rupees and 93 Indian currency of 50 rupees and white and purple papers of currency size and 15 piece bundle of white papers were recovered from the bag of Firoze and so far as this petitioner is concerned, from the pocket of petitioner also 84 Nepali currency of 100 rupees and 43 Indian currency of 50 rupees and 50 piece rupees size paper wrapped in rubber of 10 bundle have been recovered and they disclosed that they were doubling the notes by putting white and purple papers on top and bottom of bundle.
Learned counsel submits that the petitioner is in jail in this case since 20.01.2020, prior to this case he has no criminal antecedent and in this case the co-accused have already been granted regular bail by a learned coordinate Bench of this Court in Cr.Misc.No.22918 of 2020 vide order dated 15.09.2020. On the other hand, learned APP for the State has though opposed the prayer for regular bail of the petitioner but considering the facts and circumstances of the case particularly that the petitioner is in custody since 20.01.2020, the investigation against him is complete, he has no criminal
3/4 antecedent as stated in paragraph '3' of the application and that the co-accused have been granted bail by a learned coordinate Bench of this Court in Cr.Misc.No.22918/2020, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.25,000 (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffassil (Manuapul) P.S. Case No.34/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the
4/4 petitioner.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.