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Patna High CourtCR. MISC./51981/2023bail granted

Ravi Kumar v. The State Of Bihar

2023-09-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51981 of 2023 Arising Out of PS. Case No.-591 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== RAVI KUMAR S/O RAM EKBAL SAHANI R/O Mohalla- Sadaquat Ashram, Rajendra Ghat in front of Bihar Vidyapeeth, P.S- Patiliputra, Distt. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kalyan Shankar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with S.Tr. no. 904/2022 (arising out of Patliputra P.S. Case no. 591 of 2021) registered under section 395 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that while he was carrying a sum of Rs. 41 lacs in his Bolero vehicle, six accused persons on the point of pistol on three motorcycles surrounded the vehicle, abused and assaulted the informant and the driver and dispossessed the informant of the said amount.

Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 12.1.2023 passed in Cr. Misc. no. 33142 of 2022 giving liberty to the petitioner to renew his prayer for bail after framing of charge or after six months, whichever is later. Learned counsel

Patna High Court CR. MISC. No.51981 of 2023(3) dt.01-09-2023 2/2 submits that the petitioner has a good case on merits. The charge has been framed in the learned trial Court on 25.1.2023 and more than six months have been passed since the said order of rejection.

Heard learned APP for the State.

A report was called for from the learned trial Court. As per the report contained in letter no. 342 dated 31.8.2023 of the learned Additional District and Sessions Judge IX, Patna it transpires that the charge has been framed on 25.1.2023. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the liberty granted to the petitioner in the earlier order of rejection dated 12.1.2023, charge having been framed in the learned trial Court and the petitioner having remained in custody since 13.12.2021, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 904/2022 (arising out of Patliputra P.S. Case no. 591 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Patna.

(Partha Sarthy, J) Prakash/- U