Ravi Kumar @ Ravi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24377 of 2025 Arising Out of PS. Case No.-560 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Ravi Kumar @ Ravi Kant Kumar Son of Kishundeo Prasad Sah villageNawanagar, Ps- Bidupur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-05-2025 Heard Mr. Ritwik Thakur, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 560 of 2024, F.I.R. dated 11.09.2024 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and later on Section 103 of Bharatiya Nyay Sanhita was added.
3. As per the First Information Report, the informant alleged that when he was going to his house, on the way he stayed at Bathan of his friend Raushan Kumar, the petitioner along with other co-accused persons arrived on motorcycle and abused and assaulted him. It is further alleged that they took
Patna High Court CR. MISC. No.24377 of 2025(2) dt.20-05-2025 2/3 away Rs.20,000/- which was kept in Bathan.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR but from bare perusal of the FIR it transpires that there is no specific allegation against the petitioner rather specific allegation of assault is against co-accused, namely, Ankit Kumar that he took out knife from his waist and assault the informant.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and petitioner is named in the FIR and apart from that he also participated in the present crime in question.
6. Considering the aforesaid facts and circumstances, there is no specific allegation against the petitioner and the petitioner has clean antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 560 of 2024,
Patna High Court CR. MISC. No.24377 of 2025(2) dt.20-05-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T