Ravi Jaiswal @ Ravi Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2135 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ravi Jaiswal @ Ravi Kumar Jaiswal Son of Kishore Prasad Jaiswal Resident of Lal Kothi Road, P.S.- Katihar Town, District - Katihar ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Dinesh Paswan Son of Late Gorelal Paswan Resident of village - Driver Tola, P.S.- Katihar Town, District - Katihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ajay Kumar Thakur, Advocate :
Mrs. Vaishnavi Singh, Advocate :
Mr. Vivekanand Jha, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP For the Informant :
Mr. Swetank, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.
2. The instant appeal has been filed by the appellant against the order dated 20.02.2025 passed by learned District and Additional Sessions Judge-I-cum-Special Judge (SC/ST)- cum-Children Court, Katihar whereby the prayer for bail of the appellant in connection with G.R. No. 1217 of 2024 arising out of Katihar Nagar P.S. Case No. 141 of 2024 under Sections 302, 120B, 34 of the Indian Penal Code, Section 3(2)(v) of SC/ST Act and Sections 25(1-b)a, 26, 27, 35 of the Arms Act was
Patna High Court CR. APP (SJ) No.2135 of 2025(4) dt.07-08-2025 2/3 rejected.
3. The prosecution case, in short, is that the accused persons including the appellant hatched a conspiracy and committed the murder of the informant's son by shooting him.
4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Learned counsel further submitted that the appellant was named in the FIR as so-called conspirator because his brother was in custody. Learned counsel further submitted that appellant is being dragged in this case merely on the basis of confessional statement of the co-accused which has no evidentiary value in the eye of law. Learned counsel further submitted that the postmortem report of the deceased also falsifies the allegation of socalled indiscriminate firing. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 15.03.2024 and has five criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 01.08.2025 passed in Cr. Appeal (SJ) No. 1793 of 2025.
Patna High Court CR. APP (SJ) No.2135 of 2025(4) dt.07-08-2025 3/3
5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that as per the material available in the case diary, this appellant is the main conspirator and his motorcycle was also used in the the alleged occurrence. Learned APP further submitted that the prayer for grant of bail of co-accused person was also rejected vide order dated 03.07.2025 passed in Cr. Appeal (SJ) No. 5717 of 2024.
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence as also there being ample material against the appellant to show his involvement in the commission of murder of the deceased, this Court is not inclined to grant bail to the appellant.
7. Accordingly, the present appeal is dismissed. (Rudra Prakash Mishra, J) Alok Verma/- U T