Patna High CourtCR. MISC./49417/2024bail granted

Ravish Kumar v. The State Of Bihar

2024-07-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49417 of 2024 Arising Out of PS. Case No.-218 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Ravish Kumar Son Of Ranjeet Paswan Resident Of Village - Jhapani, P.S. - Medni Chowki, District - Lakhisarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Medni Chowki P.S. Case No. 218 of 2023 (corresponding to S. Tr. No. 103 of 2024), instituted for the offences punishable under Sections 307/326 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, this petitioner fired on the head of the brother of the informant due to which eh sustained injuries. It is further alleged that the petitioner also fired on Azad Kumar and Vikash Kumar due to which they also sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.49417 of 2024(2) dt.19-07-2024 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that on perusal of the injury report, it appears that all the three injured persons sustained injuries but the same have been caused by hard and blunt substance and, in fact, there is no any bullet or firearm injury. The petitioner is in custody since 15.12.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that earlier the prayer for bail was rejected by this Court on 09.04.2024 in Cr. Misc. No. 26817 of 2024 with an observation that he may renew his prayer before Court below after framing of Charge. Charge has been framed in this case on 28.05.2024 and the prayer for bail was rejected by the Court below.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.49417 of 2024(2) dt.19-07-2024 3/3 below/concerned Court in connection with Medni Chowki P.S. Case No. 218 of 2023 (corresponding to S. Tr. No. 103 of 2024), subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T