Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26922 of 2025 Arising Out of PS. Case No.-47 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Ravi Kumar S/O Suresh Yadav @ Suresh R/O Village- Lekhochak, P.S- Kiul, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Chandra, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2025 Heard learned Senior counsel for the petitioner, Mr. Krishna Prasad Singh and learned APP.
2. The petitioner is in judicial custody his arrest in connection with Kiul P.S. Case No. 47 of 2022 for the offence under Sections 302/34 of the I.P.C and Section 27 of the Arms Act lodged on 24.03.2022 by the informant, Avinash Kumar.
3. As per the prosecution story, the informant has alleged that earlier Chhotu Kumar, Ravi Kumar (petitioner herein), Dheeraj Kumar, Karu Kumar and Jitendra Kumar used to disturb his cousin sister for which Mahila P.S. Case No. 30/2021 was registered and Chhotu Kumar was taken into custody and the accused persons were regularly pressurizing for compromising the case.
4. On the fateful day, it has been alleged that under
2/4 pre-planned manner, co-accused persons, namely, Karu Kumar, Dilkhuh Kumar and Ravi Kumar (petitioner herein) opened fire while two other unknown persons assaulted his father. Subsequently, the informant, who was hiding, went to the place after the accused left the area and found him dead.
5. Earlier, the Trial Court report was called for according to which, the charge has still not been framed. This report is dated 24.07.2025.
6. Learned Senior counsel for the petitioner submits that he has already suffered by being in custody since 30.01.2023, is ready to appear in trial diligently and failure to do so, appropriate steps can be taken for cancellation of his bail bond.
7. Learned APP on the other hand opposes the prayer submitting that once out, he may delay the framing of the charge.
8. Allegation is there, the trial is at an important stage, petitioner is in custody since 30.01.2023, however, the apprehension of the learned APP cannot be disputed.
9. In that background and considering the aforesaid fact and the undertaking of the petitioner that he shall be diligently appearing in the trial, this Court is inclined to extend
3/4 him relief but only after the charges are framed in the case.
10. Let the petitioner be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Kiul P.S. Case No. 47 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T