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Patna High CourtCR. MISC./43327/2025bail granted

Ravi Swarnkar @ Ravi Soni v. The State Of Bihar

2025-10-15Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43327 of 2025 Arising Out of PS. Case No.-389 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Ravi Swarnkar @ Ravi Soni S/O Late Ramesh Swarnkar Resident of VillageRampur, P.S.- Murliganj, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-10-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Murliganj P.S. Case No. 389 of 2021, dated 06.11.2021, registered under Sections 147, 148, 149, 341, 342, 323, 452, 436, 307, 379, 427, 504, 506 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 30.10.2021 at about 11:00 AM, hundred meter away from the house of the informant, a dead body of Pappu Swarnkar was kept there at NH road, near the gate of the informant. Thereafter F.I.R named accused persons, total 60 named in F.I.R and 500 unknown persons came arm and entered inside the gate of the informant and started abusing and looted away a Glamour Motorcycle bearing Registration No. -BR 43 4640 and one CD-Delux

2/4 Motorcycle. It is also stated that dynemo of generator as well as other household articles have also been looted away and some of them have been burnt. It is further stated in the First Information Report that all the FIR named accused persons came with arm and entered into the house of the informant and abused her and used criminal force upon the informant and caused damage of about rupees 30 lakh to the informant.

4. Learned counsel for the petitioner submits that from F.I.R. it appears that 500 unknown and 60 F.I.R. named accused persons, against whom there is allegation of committing tracepass and looted away a Glamour Motorcycle and other household articles from the house of the informant enforcing the informant to leave the village has been lodged. The allegations levelled against the petitioner is general and omnibus. There is no specific allegation against this petitioner and other similarly situated coaccused persons namely Md. Sahid and Chandan Swarnkar have been granted anticipatory bail by a Coordinate Bench of this Court vide Cr. Misc. No. 21801 of 2023 and Cr. Misc. No. 54310 of 2024, vide order dated 24.06.2023 and 18.10.2024 respectively. The petitioner has not committed any offence as per allegations levelled in the F.I.R., rather he is engaged in social work for the society.

5. Learned Additional Public Prosecutor for the State has

3/4 opposed the prayer for bail of the petitioner.

6. Considering the facts that the allegations levelled against the petitioner is general and omnibus, there is no specific allegation against this petitioner and other similarly situated coaccused persons namely Md. Sahid and Chandan Swarnkar have been granted anticipatory bail by a Coordinate Bench of this Court and the petitioner has not committed any offence as per allegations levelled in the F.I.R., rather he is engaged in social work for the society, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned J.M.

, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 389 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(ii) the petitioner (s) 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

4/4 cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) 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;

(iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T