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Patna High CourtCR. MISC./26415/2016bail granted

Ravi Shankar Kumar @ Rabi Shankar Kumar @ Singh v. The State Of Bihar

2016-07-13Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26415 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Ravi Shankar Kumar @ Rabi Shankar Kumar @ Singh, Son of Chandramauli Kumar, Resident of Village +P.S- Cheria Bariyarpur, District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. S. K. Thakur, Advocate For the State : Mr. P. K. Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-07-2016 Heard parties.

Petitioner apprehends his arrest in a case filed under Sections 324, 307 and 387/34 of the Indian Penal Code. It is contended on behalf of the petitioner that there is no allegation of any overt act upon him as it is clearly indicated in the first information report that co-accused Mukesh Singh and Sonu Kumar had fired upon the informant causing injury whereas allegation against the petitioner is that he was driving the motorcycle. The first information report further reveals that Mukesh Kumar was demanding extortion money and the petitioner is no where connected with the aforesaid matter. It is further contended that he has simply been implicated in this case due to the reason that the wife of the petitioner had filed a case against the informant under Section 498 A of the I.P.C. and before

Patna High Court Cr.Misc. No.26415 of 2016 (3) dt.13-07-2016 2 / 2 that a Panchayati was held in which the petitioner appeared on her behalf against the informant. It is claimed that petitioner has got clean antecedent.

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Cheria Bariyarpur P.S. case no. 29 of 2016, the above named petitioner, Ravi Shankar Kumar @ Rabi Shankar Kumar @ Singh shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Manjhau, Begusarai subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

However, at the time of accepting bail bond, the court below would be required to examine the criminal antecedent of the petitioner and if he is found involved in any criminal case then he would be taken in custody.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T