Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36663 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Ravi Kumar Son Of Jaindra Roy @ Jainendra Ray R/O- Vill- Gopaichak P.S.- Saksohra, Dist.- Patna At Present R/O- Renter Of Ramnivas, Sirpatpur, P.S.- Gopalpur, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Gopalpur P.S. Case No. 144 of 2022 for the offences under Sections 309/402 of the Indian Penal Code and under Section 25(1-b)a/26/35 Arms Act.

As per the prosecution story, the Police Sub-Inspector, Nandkishor Singh, lodged the FIR stating that as the patrol party was on the move, four persons tried to escape, they were apprehended and so far as this petitioner is concerned, it is alleged that one mobile was recovered for which he failed to

Patna High Court CR. MISC. No.36663 of 2022(2) dt.22-09-2022 2/3 give satisfactory reply. From other accused persons, arms were also recovered. Accordingly, seizure list prepared and they were taken into custody.

Learned counsel for the petitioner submits that he is a student, has no criminal antecedent, is in custody since 13.3.2022 (as stated in para-10 of the bail application) and as such he deserves bail.

Considering the aforesaid facts as also that he is in custody since 13.3.2022, charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail 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 A.C.J.M.-IX, Patna, in connection with Gopalpur P.S. Case No. 144 of 2022 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 reasons will entail his cancellation of bail by the Trial Court itself;

Patna High Court CR. MISC. No.36663 of 2022(2) dt.22-09-2022 3/3 (iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (Iv) 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/Ajay Singh U T