Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48011 of 2021 Arising Out of PS. Case No.-347 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Ravi Kumar Son of Late Vinod Prasad Resident of Village - Gaurachhani, P.S.- Jehanabad, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-12-2021 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 four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Jehanabad P.S. Case No. 347 of 2021 registered for the offences punishable under Sections 392 of the Indian Penal Code.

According to prosecution case, it is alleged in the F.I.R. that two unknown miscreants entered the shop of the informant and took away certain ornaments on the point of pistol.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. No incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.48011 of 2021(2) dt.16-12-2021 2/3 possession of the petitioner. He further submits that the name of the petitioner transpired on the basis of the statement of Spy who belong to village Parwalpur, District Arwal. He further submits that the F.I.R. was lodged against two unknown persons and petitioner is not named in the F.I.R. and till date no Test Identification Parade has been conducted. Petitioner is in custody since 07.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

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 Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 347 of 2021, 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.

Patna High Court CR. MISC. No.48011 of 2021(2) dt.16-12-2021 3/3

2. If the petitioner tampers with the 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