Ravi Kumar Choudhary @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5171 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -PUSA District- SAMASTIPUR ======================================================

1. Ravi Kumar Choudhary @ Ravi Kumar, Son of Sanjay Choudhary, Resident of village - Pusa Bazar, P.S. Pusa, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vindhykeshri Kumar Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Smt Renu Kumari For the opposite party no. 2 : Mr. Vivekanand Vivek. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner seeks regular bail in connection with Pusa P.S. Case No. 101 of 2016, registered for offences punishable under Section 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him and also other co-accused on whose statement petitoner's name has come, has already been granted bail by this Court vide order dated 13.01.2017 passed in Criminal Miscellaneous No. 1117 of 2017 and the petitioner has been languishing in judicial custody since 15.10.2016. Heard learned A.P.P. and learned counsel for the

Patna High Court Cr.Misc. No.5171 of 2017 (2) dt.15-02-2017 2/3 informant. Learned counsel for the informant vehemently opposed the prayer for bail, however he could not point out any legal evidence against the petitioner.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and also other co-accused of this case having similar allegation has already been granted regular bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Samastipur, in connection with Pusa P.S. Case No. 101 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.5171 of 2017 (2) dt.15-02-2017 3/3 of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U