Sudarshan Ravidas @ Master v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45229 of 2022 Arising Out of PS. Case No.-218 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== SUDARSHAN RAVIDAS @ MASTER SON OF CHANDRIKA RAVIDAS @ CHANARIK RAVIDAS R/O VILLAGE- BILAUTI, P.S.- MASAURHI, DISTRICT- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mukul Kumari For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Daudnagar P.S. Case No. 218/2020, G.R. No. 639/2020 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.
As per prosecution case, a dacoity was committed in the bank by unknown miscreants and looted Rs.64 lacs in cash from the bank. FIR has been lodged against eight unknown persons.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.45229 of 2022(2) dt.09-12-2022 2/3 The petitioner is languishing in custody since 11.08.2020 and bears criminal antecedent of two cases. During course of investigation, the name of petitioner surfaced in this case on the basis of confessional statement of co-accused Md. Nesar Alam and the said co-accused has already been granted bail by the coordinate Bench of this Court vide Cr. Misc. no.18127/2021. Similary situated co-accused, Raushan Kumar has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.15962/2021. He further submits that the petitioner is neither named in the FIR nor looted money or incriminating article was recovered from his possession. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
He further submits that on the point of parity of allegation, several co-accused persons have been granted bail by the different co-ordinate Benches of this Court which is annexed as Annexure-2 series of the bail petition and the petitioner also needs same treatment. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody which is more than two years, charge sheet has already been submitted in this case, co-accused persons have already been granted bail and there is no likelihood of tampering
Patna High Court CR. MISC. No.45229 of 2022(2) dt.09-12-2022 3/3 with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, District-Aurangabad in connection with Daudnagar P.S. Case No. 218/2020, G.R. No. 639/2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkumar/- U T