Ravi Raushan Singh @ Ravi Rashan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54859 of 2021 Arising Out of PS. Case No.-187 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAVI RAUSHAN SINGH @ RAVI RASHAN SINGH Son of Rajesh Kumar Singh Resident of Village- Santhi, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Mr. Parsant Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner, Mr. Anil Kumar, learned Additional Public Prosecutor for the State and Mr. Parsant Kumar, learned counsel for the informant.
Petitioner renews his prayer for bail in connection with Raghunathpur PS Case No. 187/2019 registered for the offence punishable under Sections 363, 504, 302, 201, 34 of the IPC inasmuch as earlier bail application of the petitioner was rejected vide order dated 08.09.2020 passed in Cr. Misc No. 18644/2020 (Annexure-1) with liberty to renew his prayer for bail after one year, if the trial does not show any progress. The allegation against the petitioner is that on the alleged date of occurrence, i.e., on 09.08.2019, the petitioner arrived at the house of the informant and enquired about his son,
Patna High Court CR. MISC. No.54859 of 2021(3) dt.27-10-2021 2/3 Shubham Kumar and said that his mother has called him. It has further been alleged that the son of the informant accompanied the petitioner on a motorcycle and thereafter the son of the informant was not traceable. A Sanha was recorded on 26.08.2019 and the First Information Report was lodged on 11.09.2019.
Learned senior counsel for the petitioner submits that while rejecting the earlier bail application of the petitioner on merit, this Court had granted liberty to the petitioner to renew his prayer for bail after one year if the trial does not show any progress. Learned counsel further submits that this case, at best, is the case of circumstantial evidence and no cogent material has been brought by the police in course of the investigation. This Court vide its order dated 22.09.2021 had called for a report from Additional Sessions Judge-5th, Siwan regarding stage of trial and in pursuance thereof, the report vide letter No. 215/Siwan dated 06.10.2021 has been received and from perusal of the same it appears that there are altogether eight charge-sheet witnesses including I.O. and the summons have been issued for procuring appearance of the witnesses in the trial.
Learned counsel for the informant submits that
Patna High Court CR. MISC. No.54859 of 2021(3) dt.27-10-2021 3/3 learned trial court may be directed to conclude the trial as early as possible i.e., within six months.
Having heard learned counsel for the parties and taking into consideration the material on record and the fact that the present case is based upon circumstantial evidence and petitioner has renewed his prayer for bail after one year as per earlier observation of this Court, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
Accordingly, let the petitioner, RAVI RAUSHAN SINGH @ RAVI RASHAN SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-5th, Siwan in connection with Raghunathpur PS Case No. 187/2019.
It is expected that the learned trial court will expedite the trial.
(Anil Kumar Sinha, J) perwez U T