Ravi Kumar @ Rabi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77182 of 2018 Arising Out of PS. Case No.-595 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ravi Kumar @ Rabi Kumar Son of Raj Kumar Ram, Resident of VillageJanpur, Police Station- Bhadaur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sheikhpura P.S. Case No. 595 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that on 05.09.2018 at about 8:00 pm he and his maternal uncle Dashrath Ram were walking in front of their house, suddenly on 4-5 motorcycle borne FIR named accused came there and Hari Kant Ram and Shatrughan Ram shot Dashrath Ram from point blank range and thereafter fled away.

It has been submitted on behalf of petitioner that though he is named in the FIR but there is no allegation of any overt act against him. He has been implicated in this case due to

Patna High Court Cr.Misc. No.77182 of 2018(3) dt.11-02-2019 2/2 dispute and enmity between the parties. Petitioner is in custody since 01.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 595 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U