Patna High CourtCR. MISC./40715/2023bail granted

Ravish Kumar v. The State Of Bihar

2023-07-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40715 of 2023 Arising Out of PS. Case No.-915 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Ravish Kumar Son Of Lakhman Manjhi @ Lakshman Manjhi Resident Of Village- Ghursari (Dham Asthan), Ps- Barachatti, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Sherghati (Dobhi) P.S. Case No. 915 of 2022 dated 04.10.2022, lodged under Sections 461 & 379 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against three unknown persons for theft of articles in the Punjab National Bank, Main Branch, Bajoura, P.S. Dobhi, Gaya.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the F.I.R. has been lodged against three unknown persons. Counsel further submits that one bag has alleged to be

Patna High Court CR. MISC. No.40715 of 2023(2) dt.12-07-2023 2/3 recovered leading to the confession of the petitioner but counsel submits that no T.I.P. of the articles of the said bag has been made.

6. Learned counsel for the petitioner further submits that the antecedent of the petitioner is not clean and it is due to this reason, the name of petitioner has figured in this case at the instance of police. Counsel further submits that the case is magisterial triable in nature and petitioner is in custody since 30.01.2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Sherghati at Gaya in connection with Sherghati (Dobhi) P.S. Case No. 915 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.40715 of 2023(2) dt.12-07-2023 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T