Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52578 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== RAVINDRA KUMAR SINGH S/o MAHUNAND SINGH @ YADUNANDAN SINGH R/o VILLAGE-KASMA MARAR, P.SKHAJAULI, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Khajauli P.S. Case No. 31 of 2021 registered for the offences punishable under Sections 399, 402 of the IPC and Sections 25(1-b), A, 26, 35 of the Arms Act.

According to prosecution case, having got secret information the police raided the place of occurrence and one empty magazine, four live cartridges of 9 mm and one mobile phone was recovered from conscious possession of the

Patna High Court CR. MISC. No.52578 of 2021(2) dt.06-01-2022 2/3 petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. It is further submitted that it appears from the FIR itself that one empty magazine and four live cartridges have been recovered from possession of the petitioner. It is further submitted that coaccused Suman Kumar Yadav has been granted bail by this court vide order dated 05.01.2022 passed in Cr. Misc. No. 52429 of 2021. Petitioner is in custody since 03.03.2021. The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries one criminal antecedent.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhubani in connection with Khajauli P.S. Case No. 31 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.52578 of 2021(2) dt.06-01-2022 3/3 fixed by the court and shall remain physically present as directed 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. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T