Ravi Yadav @ Ravi Kant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26326 of 2025 Arising Out of PS. Case No.-305 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Ravi Yadav @ Ravi Kant Singh S/O Ramjee Yadav Resident of villageAndharibag, P.S.- Tiyar, District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Malti Kumari, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2025 Heard Ms.Malti Kumari, learned counsel for the petitioner and Mr.Shantanu Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Jagdishpur P.S. Case No.305 of 2024, dated 07.09.2024 registered for the offences punishable under Sections 190, 191(2), 126(2), 115(2), 329(4), 329(3), 351(2), 109, 191(3) of Bhartiya Nyay Sanhita and Section 27 of Arms Act.
3. The case of the prosecution is that on 07.09 2024 at about midnight petitioner alongwith his four associates had all of sudden attacked on informant. The assailants were laced with weapons and they had opened multiple fires. The informant suffered injuries on various part of his body including left side
2/4 parietal region and nose. Final opinion regarding the nature of some of the injuries is pending for want of X-ray reports.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner and other co-accused persons rather there is general and omnibus allegation against all the accused persons including the petitioner and co-accused persons, namely, Raj Kumar and Ajay Kumar have been granted privilege of anticipatory bail this Court vide order dated 19.02.2025 passed in Cr. Misc. No.5118 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation of any assault or overt against the petitioner and co-accused persons, namely, Raj Kumar and Ajay Kumar have been granted privilege of anticipatory bail this Court, let the petitioner, above named, in
3/4 the event of his 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 learned Additional Chief Judicial Magistrate-1st, Bhojpur in connection with Jagdishpur P.S. Case No.305 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 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/her absence on two consecutive dates without sufficient reason, his/her 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/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T