Ravi Kumar @ Ravi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30064 of 2020 Arising Out of PS. Case No.-6 Year-2019 Thana- LUTUA District- Gaya ====================================================== Ravi Kumar @ Ravi Yadav (aged about 29 Years, Gender-Male), Son of Suryadev Yadav , Resident of Village - Lutua, P.S.-Lutua, District -Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2021 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Lutua P.S. Case No. 06 of 2019 registered for the offence under Sections 147, 148, 149, 353, 307, 120 (B), 121, 122 & 124 (A) of the I.P.C., Sections 25 (1-B) A, 26, 27, 28 & 29 of the Arms Act, Sections 3, 4 & 5 of the Explosive Substances Act and Section 16, 18 and 20 of the U.A.P. Act.

The allegation as per the First Information Report is that Police proceeded to conduct raid on the basis of secret information that some "Naxalites" have assembled and when the Police reached at the place of occurrence, the accused persons- "Naxalites" started making indiscriminate firing on the Police Force and the Police also retaliated with counter firing in course of which some Constables sustained injuries and one dead body of a "Naxalite" was also recovered by the Police from the spot.

Patna High Court CR. MISC. No.30064 of 2020(3) dt.11-01-2021 2/3 It has further been alleged that the Police recovered arms and ammunitions in huge quantity.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. whereas 29 named accused persons are there in the First Information Report. Learned counsel further submits that the petitioner has got no criminal antecedent and no incriminating material and / or fire arm has been recovered from the possession of the petitioner. Learned counsel next submits that the name of the petitioner has transpired on the basis of his alleged confessional statement and he is in custody since 30.01.2020. Learned counsel next submits that similarly situated accused persons namely, Brahmdev Yadav has been granted bail by this Court in Cr. Misc. No. 23291 of 2020.

Having regard to the submissions made by the parties and taking into consideration the materials available on record , the fact that similarly situated accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner upon completion of 01 year in custody. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30064 of 2020(3) dt.11-01-2021 3/3 satisfaction of learned S.D.J.M., Sherghati (Gaya) / court concerned in connection with Lutua P.S. Case No. 06 of 2019 on the following conditions:-

(1) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present as and when directed by the court below and in case of his absence on two consecutive dates without sufficient reason, his bail-bond shall liable to be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution shall be at liberty to move for cancellation of his bailbond."

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

praful/- (Anil Kumar Sinha, J) U T