Patna High CourtCR. MISC./31436/2023bail granted

Ravi Raj Kumar @ Nepali v. The State Of Bihar

2023-06-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31436 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== RAVI RAJ KUMAR @ NEPALI son of Birendra Singh Village-SinhaCollege, Baidynath Bigha, Vikash Colony, Ps-Nagar, Dist-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard the parties.

The petitioner is in custody since 21.2.2023 in connection with Town Aurangabad P.S. Case No. 141of 2023 for the offence punishable under Sections 420, 467, 468, 471, 413, 414 of the I.P.C. lodged on 20.2.2023 by the informant Sanjay Kumar.

The prosecution story, in brief, is that on 20.2.2023, the informant received a secret information that three youngsters are standing at suspicious Pulser Motorcycle at Gangri More. The informant alongwith police personnel reached there and apprehended them. On query, they disclosed their names as Rahul Kumar, Raviraj Kumar @ Nepali and Santosh Yadav. Upon search, a Pulser motorcycle with tampered plat and the

Patna High Court CR. MISC. No.31436 of 2023(2) dt.21-06-2023 2/3 mobile set were recovered from their possession. They further disclosed that the alleged motorcycle is stolen one. It has been contended by the learned counsel for the petitioner that he has already suffered, is young boy and will abide by all the terms and conditions, if released on bail. Learned APP opposes the prayer stating that he has criminal antecedent.

Considering the fact that the petitioner is in custody since 21.2.2023 (as stated in para-9 of the bail application) who is a young boy and ultimately has to face the trial, this Court is inclined to extend him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Town Aurangabad P.S. Case No. 141of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.31436 of 2023(2) dt.21-06-2023 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T