Ravi Sundram @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40626 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Ravi Sundram @ Ravi Kumar, Son of Ramlakhan Prasad @ Lakhan Singh Resident of Village- Kashipur, PS- Rajapakar, Distt- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner in the present case is seeking pre-arrest bail in connection with Rajapakar P.S. Case No. 289 of 2022 registered for the offences under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code. He has one criminal antecedent.
3. As per the prosecution story, on 16.08.2022 at about 09:00 P.M. the informant along with other members of patrolling party reached Fulhara Bazaar Mandal Chowk where he found a boy named Rohit Kumar surrounded by the mob. When the informant tried to reach the said Rohit Kumar, his associates started protesting the police for releasing Rohit Kumar. They scrimmaged with the police and took away Rohit Kumar. On interrogating the villagers, they told the name of the
Patna High Court CR. MISC. No.40626 of 2023(2) dt.28-07-2023 2/3 FIR named accused persons along with 150-200 unknown miscreants.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there are general and omnibus allegations against eleven named and 150-200 unknown persons in the FIR. There is no disclosure as to who has identified this petitioner.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that general and omnibus allegation has been leveled against eleven named and 150-200 unknown persons, there is no disclosure in the FIR as to who identified this petitioner, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner shall be released on bail in connection with Rajapakar P.S. Case No. 289 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Vaishali, Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.40626 of 2023(2) dt.28-07-2023 3/3
7. 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.
8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T