Patna High CourtCR. MISC./40632/2022bail granted

Ravi Shankar Kumar v. The State Of Bihar

2022-10-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40632 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAVI SHANKAR KUMAR S/o- Ram Karan Tanti Resident of Village - Gachhi tola Sikandarpur Rajaura, P.S.- Mufassil, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2022 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 Begusarai Muffasil P.S. Case No. 43 of 2022 for the offences under Section 414 of the Indian Penal Code and 25(1b)a, 26/35 of Arms Act.

As per the prosecution story, the police upon secret information raided the place and found three accused persons trying to escape, they were apprehended and upon search, it is alleged that from the petitioner herein, two live cartridges as also four empty cartridge and mobile phone was/were

Patna High Court CR. MISC. No.40632 of 2022(2) dt.18-10-2022 2/3 recovered/seized. As he failed to submit any document, the FIR was lodged and he was taken into custody.

Learned counsel for the petitioner submits that for the said alleged recovery shown by the police against him, he has already suffered by being in custody since 25.01.2022. Learned APP for the State, on the other hand, opposes the prayer for bail.

Taking into account the fact that he is in custody since 25.01.2022, charge sheet stands submitted, this Court is inclined to grant him privilege of bail with conditions: 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 C.J.M., Begusarai in connection with Begusarai Muffasil, P.S. Case No. 43 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 reason will entail cancellation of his/her bail bond by the Trial court itself;

Patna High Court CR. MISC. No.40632 of 2022(2) dt.18-10-2022 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T