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Patna High CourtCR. MISC./44616/2024bail granted

Ravi Ranjan Singh @ Ravi Ranjan Kumar v. The State Of Bihar

2024-07-24Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44616 of 2024 Arising Out of PS. Case No.-341 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Ravi Ranjan Singh @ Ravi Ranjan Kumar Son Of Bichum Singh @ Vinesh Singh @ Vinesh Prasad Village- Maharaj Bigha, Pandumchak, P.S.- Khizersarai, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Khizersarai P.S. Case No. 341 of 2019 dated 23.12.2019, instituted for the offence punishable under Sections 379, 420, 467, 468, 472, 474, 120(B) and 34 of the Indian Penal Code and 66(C), 66(D) of the I.T. Act.

3. The prosecution case, in short, is that the informant along with other police personnel caught other co-accused who were engaged in the work of forgery and cloning of ATM and recovered ATM cards, cloning machine and cash from their

2/4 possession. On enquiry, the co-accused persons disclosed that petitioner was also involved in the doing forgery of ATM cards.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of disclosure made by the apprehended person, the petitioner has been made accused in this case. It is further stated that nothing has been recovered either from the conscious possession or from the house of the petitioner. It is further submitted that similarly situated co-accused namely Ravishankar Singh and Shiv Shankar Singh have been granted anticipatory bail by the learned lower court below itself vide order dated 06.02.2024 passed in A.B.P. No. 413 of 2024 and vide order dated 23.02.2024 passed in A.B.P. No. 499 of 2024 respectively. It is further submitted that the co-accused person namely, Suraj Malakar has been granted bail vide order dated 23.02.2021 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 33114 of 2020. Lastly, it has been submitted that petitioner has five criminal cases against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of

3/4 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Khizersarai P.S. Case No. 341 of 2019, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

4/4 for cancellation of bail.

(Khatim Reza, J) sankalp/- U T