Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30111 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== RAVINDRA KUMAR Son of Arbind Singh @ Arvind Kumar Singh Resident of Village - Khilbat, P.S. Bidupur, District Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha, Adv.
Mr. Ashok Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Satish Kumar Sinha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Bidupur PS Case No. 450/2019 registered for the offence punishable under Sections 399, 402, 413, 414 of the IPC and Section 25 (1-b)a, 26, 35 of the Arms Act.
3. The allegation, as per First Information Report, is that the police, after getting an information that some miscreants have assembled near a temple and preparing for commission of a serious offence, proceeded to the place of occurrence and arrested one Sushil Kumar along with Pulsar Motorcycle and other miscreants succeeded in fleeing away and the arrested
Patna High Court CR. MISC. No.30111 of 2020(2) dt.26-11-2020 2/3 accused person disclosed the name of the petitioner and other accused persons. It is further alleged that the police, on the basis of disclosure of arrested accused, Sushil Kumar, arrested one another person, namely, Sunny and recovered a stolen Apache Motorcycle from his possession.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with an oblique motive inasmuch as earlier the petitioner had some dispute with the police personnel during vehicle checking for which the police lodged Rajapakar PS Case No. 37/2020 in order to teach him a lesson, and the petitioner also tried to lodge an FIR against the police personnel and when it was refused, the petitioner filed a Complaint Case bearing no. 928/2020 and the learned Magistrate, on the complaint of the petitioner, directed the police to register an FIR. Learned counsel for the petitioner further submits that the petitioner was arrested in Rajapakar PS Case No. 37/2020 and thereafter, was remanded in another case bearing Rajapakar PS Case No. 64/2020 and the police subsequently, remanded the petitioner in about ten other cases with oblique motive after 24.02.2020.
5. Learned counsel next submits that no incriminating
Patna High Court CR. MISC. No.30111 of 2020(2) dt.26-11-2020 3/3 material or any stolen article has been recovered from the possession of the petitioner and he is in custody since 06.03.2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no incriminating material has been recovered from the possession of the petitioner and he is in custody since 06.03.2020, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, RAVINDRA KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur PS Case No. 450/2019.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T