Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51405 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -BARABAR TOURIST District- JEHANABAD ====================================================== Ravi Kumar, Aged about 20 Years, Son of Birendra Prasad Yadav @ Birendra Prasad, Resident of Village- Tilkai, P.S.- Barabar Paryatan (Vishunganj O.P.), District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 26.08.2016 in connection with Barabar Paryatan (Vishunganj O.P.) P.S. Case No. 34/16 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police party, is that while they were carrying on checking on the road they found two persons including the petitioner on a motorcycle. Seeing the police, they threw the motorcycle and started to flee away, but were apprehended and disclosed their name. On query they disclosed that the motorcycle belongs to

Patna High Court Cr.Misc. No.51405 of 2016 (2) dt.01-12-2016 2/3 one Bipin Kumar. Accordingly, the motorcycle was seized and seizure-list prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has falsely been implicated in the aforesaid case. He submits that he is a student of ITI at Ranchi and the said motorcycle was purchased by his brother-in-law Bipin Kumar from another person. He further submits that the owner of the motorcycle had lodged First Information Report being Bathani P.S. Case No. 114/16 against the two persons, namely, Dharmendra Yadav and Loukesh Das and the petitioner has no concern with the said motorcycle. He submits that petitioner has been implicated merely on suspicion and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.51405 of 2016 (2) dt.01-12-2016 3/3 amount each to the satisfaction of Sri Chandan Kumar, J.M. 1st Class, Jehanabad, in connection with Barabar Paryatan (Vishunganj O.P.) P.S. Case No. 34/16.

(Nilu Agrawal, J.) Rajesh/- U T