Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30862 of 2022 Arising Out of PS. Case No.-476 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== RAVI KUMAR Son of Late Bijay Bhagat Resident of Village-Bharti Nagar, Police Station-Saharsa, District-Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Dhar Jha, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh-1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Earlier the bail application of the petitioner was rejected vide order dated 24.06.2021 passed in Cr. Misc. No. 8536 of 2021 with observation that if the trial would not conclude within nine months, the petitioner may renew prayer for bail.

Vide order dated 30.08.2022, a report was called for with regard to the present stage of trial. Report dated 22.09.2022

Patna High Court CR. MISC. No.30862 of 2022(3) dt.11-01-2023 2/3 reveals that at present the case is at the stage of evidence and till date out of five charge-sheeted witnesses none of them have been examined.

Learned counsel for the petitioner submits that in view of the report the trial is not likely to be concluded in near future. He further submits that the petitioner is in custody since 25.08.2020.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 learned Court below where the case is pending in connection with Sessions Trial No. 80 of 2022, arising out of Narpatganj P.S. Case No. 476 of 2019, subject to 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 and shall remain physically present as directed by the court 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

Patna High Court CR. MISC. No.30862 of 2022(3) dt.11-01-2023 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T