Ravikant @ Chotu @ Ravi Kant Kumar @ Chotu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29783 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== RAVIKANT @ CHOTU @ RAVI KANT KUMAR @ CHOTU SHARMA, aged about 27 years, M, Son of Jayram Sharma, Resident of Village - Rukunpura Jaitpur, Kurna, P.S.- Modanganj, District - Jehanabad (Bihar). ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rohit Kumar Sharma, Advocate.

For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 420, 414 and 120(B) of the I.P.C. The prosecution story, in brief, is that on 06.11.2019 at about 1.00 hour, the informant during the raid, apprehended

Patna High Court CR. MISC. No.29783 of 2020(2) dt.13-11-2020 2/3 Aakash Paswan and Chandan Kumar and recovered two Mobile phones and a Master key respectively from them. One Motorcycle was also recovered from their possession. On disclosure made by the aforesaid two accused persons, the petitioner was also apprehended and on his confession, several vehicles were seized.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 07.11.2019. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused. The petitioner had no knowledge that the vehicles in question are stolen property. The petitioner has remained in custody for one year. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

Patna High Court CR. MISC. No.29783 of 2020(2) dt.13-11-2020 3/3 with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, in connection with Ghosi (Okari O.P.) P.S. Case No. 401 of 2019.

(Sudhir Singh, J) U.K./- U T