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Patna High CourtCR. MISC./44130/2023allowed

Ravindra Kumar @ Ravindra Singh v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44130 of 2023 Arising Out of PS. Case No.-56 Year-2014 Thana- PAROO District- Muzaffarpur ====================================================== RAVINDRA KUMAR @ RAVINDRA SINGH SON OF SRI SHAMBHU NATH SINGH @ SHAMBHU SINGH RESIDENT OF VILLAGEFATEHABAD, PS- PAROO, DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur with Mr. Ritwik Thakur and Ms. Vaishnavi Singh, Advocates For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 325, 307, 326, 302, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the father and her elder sister (Amrita Kumari) of the informant. It is further alleged that the accused persons assaulted the informant, her mother and her younger sister due to which, they sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old

Patna High Court CR. MISC. No.44130 of 2023(2) dt.21-07-2023 2/3 dispute. He has committed no offence. He submitted that after the first trial, the petitioner was convicted and in Criminal Appeal preferred before this Court, the conviction was set aside and de novo trial was directed to be conducted and in pursuance of this order, de novo trial is going on and this trial is at the stage of evidence. The other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 29.05.2023 passed in Cr. Misc. No. 14796 of 2023. He is languishing in judicial custody since 14.03.2014.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Paroo P.S. Case No. 56 of 2014 with the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/Court as and when required. (ii) The petitioner will undertake that

Patna High Court CR. MISC. No.44130 of 2023(2) dt.21-07-2023 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the Court, whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) In case, it is brought to the notice of the Court below that the petitioner has any criminal antecedents, Ld. Court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, Ld. Court below shall cancel the bail bonds of the petitioner. (Sunil Kumar Panwar, J) arish/- U T