Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26578 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- KHAIRA District- Jamui ====================================================== Ravi Kumar S/o Fatuli Yadav R/o Vill.- Panbhrva, P.S.- Khaira, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Advocate Mr. Umesh Prasad, Advocate Ms. Harshita, Advocate Mrs. Vandna Rani, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-05-2025 Heard Mr. Brajesh Sahay, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 56 of 2024, F.I.R. dated 11.02.2024 for the offences punishable under Sections 401, 414, 420, 467, 468 and 34 of the Indian Penal Code.
3. According to prosecution case, a stolen bike was recovered and the apprehended co-accused person disclosed that all the accused persons including this petitioner used the stolen bike for sntaching bag from the agent.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of the confessional statement of the coaccused persons, namely, Sharwan Kumar and Sanoj Kumar
Patna High Court CR. MISC. No.26578 of 2025(2) dt.21-05-2025 2/3 which was recorded in Khaira P.S. Case No. 52 of 2024. He further submits that on the confessional statement of the aforesaid co-accused persons the petitioner has also been implicated in Khaira P.S. Case No. 52 of 2024 and except the aforesaid, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances that the petitioner is not named in the F.I.R and on the basis of confessional statement of the co-accused persons the petitioner has been implicated in this case, 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 Additional Chief Judicial Magistrate 2nd , Jamui in connection with Khaira P.S. Case No. 56 of 2024, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.26578 of 2025(2) dt.21-05-2025 3/3 438(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 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) Vanisha/- U T