Ravish Kumar @ Ravish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30723 of 2022 Arising Out of PS. Case No.-54 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== RAVISH KUMAR @ RAVISH KUMAR SINGH S/o Ramesh Singh @ Upendra Singh Resident of Village - Mahuaar, P.S. - Bihta, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Sharma For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. As per prosecution story, accused persons riding on a Maruti van over-took informant's car and thereafter stopped the informant's car and looted informant's mobile phone, purse and car and tied his mouth, hands and legs.
The main submissions advanced by Sri Ranjan Kumar Sharma, the learned counsel appearing for the petitioner are that petitioner has been languishing in jail since 23.2.2022, he has been made accused mainly on the basis of statement of co-accused Raj Kumar Singh recorded before the police and said co-accused has
Patna High Court CR. MISC. No.30723 of 2022(2) dt.24-08-2022 2/3 been granted bail vide order passed in Cr. Misc. no. 58342 of 2019 and other accused persons have been granted bail vide orders passed in Cr. Misc. no. 53734 of 2019, Cr. Misc. no. 84885 of 2019 and Cr. Misc. no. 57176 of 2019 and against the petitioner there is one criminal antecedent.
Sri Umeshanand Pandit, learned APP appearing for the State has opposed the prayer for bail.
Having considered the above submissions and mainly taking into account privilege of bail having been granted to similarly situated co-accused persons vide orders passed in the above mentioned miscellaneous cases and as per above submissions, coaccused Raj Kumar Singh who disclosed the involvement of the petitioner is on bail in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner 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 Chief Judicial Magistrate, Arwal in Arwal P.S Case No. 54 of 2019 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.30723 of 2022(2) dt.24-08-2022 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition. The court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent other than of Karpi P.S Case No. 74 of 2019 of the petitioner is found then the court below shall take serious action against him for cancellation of his bail bond. (Shailendra Singh, J) s.hassan/- U T