Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48931 of 2024 Arising Out of PS. Case No.-670 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Ravi Kumar Son of Late Lakhan Deo Rai @ Lakhandev Ray Resident of VillShisha Mahal, P.S.- Khajekala, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 670 of 2023 instituted for the offences under Section 395 of the Indian Penal Code.
3. Prosecution case, in short, is that five unknown miscreants armed with deadly weapons entered the house of the informant and looted gold ornaments along with cash amounting to Rs. 12,000/-.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of CCTV footage. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel
Patna High Court CR. MISC. No.48931 of 2024(5) dt.06-12-2024 2/2 further submitted that petitioner has got no concern with the looted articles. There is no compliance of Section 100 of the Cr.P.C. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.09.2023 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 19.03.2024 passed in Cr. Misc. No. 20331 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gardanibagh P.S. Case No. 670 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T