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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42917 of 2024 Arising Out of PS. Case No.-141 Year-2016 Thana- EKANGARSARAI District- Nalanda ====================================================== Ravi Shankar Kumar @ Shankar Kumar Son of Ramayan Prasad R/o Vill.- Pachlova, P.S.- Islampur, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ekangarsarai P.S. Case No. 141 of 2016 instituted under Sections 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 22.10.2016 the informant parked his tractor in front of Village Shivdat Bigha like other days. It is further alleged that on the next morning when the informant went to the road, he found the tractor was missing and in the course of searching he got knowledge that all the accused persons including the petitioner had stolen his tractor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.42917 of 2024(2) dt.20-07-2024 2/2 case. Learned counsel submits that there is general and omnibus allegation against the petitioner. No one is eye-witness to the occurrence and only on the basis of suspicion, the name of the petitioner has been implicated in this case. He further submits that the matter has been settled in the Panchayati. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Hilsa, Nalanda / Concerned Trial Court in connection with Ekangarsarai P.S. Case No. 141 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T