Ravikant @ Ravikant Kumar @ Chhotu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42859 of 2021 Arising Out of PS. Case No.-78 Year-2019 Thana- AMBA District- Aurangabad ====================================================== RAVIKANT @ RAVIKANT KUMAR @ CHHOTU SHARMA Son of Jairam Sharma Resident of Village- Rukunpura, P.S.- Ghosi, DistrictJehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Amba P.S. Case No. 78/2019, registered for the offence punishable under Section 379 of the Indian Penal Code.
The allegation is regarding the Bolero vehicle of the informant having been stolen by unknown
Patna High Court CR. MISC. No.42859 of 2021(2) dt.14-02-2022 2/3 miscreants.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 6.4.2021. The learned counsel for the petitioner has further submitted that the petitioner was initially made an accused in one other case bearing Ghosi P.S.Case No. 401/2019 and in that case, it has been alleged that upon disclosure made by the petitioner, the stolen vehicle was recovered from a lonely place, however, in that case, the petitioner has already been granted bail. It is further submitted that the petitioner has been falsely implicated in the present case on the basis of his so-called confessional statement, which in any view of the matter has got no evidenciary value in the eyes of law.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the
Patna High Court CR. MISC. No.42859 of 2021(2) dt.14-02-2022 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the case, in which, upon the disclosure made by the petitioner, the stolen vehicle was recovered, the petitioner has already been granted bail, apart from the fact that the petitioner is languishing in custody since 6.4.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Amba P.S. Case No. 78/2019.
(Mohit Kumar Shah, J) Ajay/- U T