Ravindra Kumar @ Ravinder Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45371 of 2023 Arising Out of PS. Case No.-873 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== RAVINDRA KUMAR @ RAVINDER KUMAR SON OF KARI SHARMA RESIDENT OF VILLAGE- SAHUGARH DIWANI KATIAYA TOLA, WARD NO. 15, PS AND DIST- MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subesh Sharma, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Madhepura P.S. Case No. 873 of 2022 dated 11.09.2022 registered for the offence under Sections 447 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is alleged to have opened fire upon the son of the informant while he was sitting on the door along with his family members due to which he sustained deadly injury. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits
Patna High Court CR. MISC. No.45371 of 2023(3) dt.22-08-2023 2/3 that neither any arms nor any cartridges have been recovered from the conscious possession of the petitioner. He further submits that there is case and counter case between the parties He further submits that according to the F.I.R., the petitioner has shot fired upon the sons of the informant but the injury report does not contain the nature of injury as to whether it was grievous or superficial or sustained on the vital part of the body or not. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 03.04.2023. Learned A.P.P.
for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation of firing leveled against the petitioner. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Madhepura P.S. Case No.
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.45371 of 2023(3) dt.22-08-2023 3/3 reason, his/her bail bond shall be canceled 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.
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) brajesh/- U T