Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5037 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== RAVI KUMAR SON OF SUBODH PRASAD RESIDENT OF VILLAGE - KAIMASHIKOH VANSH BAZAR, P.S. - CHOWK, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 387, 120B, 34 of the Indian Penal Code, u/s 27 of Arms Act and u/s 3⁄4 of Explosive Substance Act.

As per the prosecution case, six miscreants riding on two motor cycles came and shot the husband of informant dead. It is further alleged that earlier one Sagar Yadav threatened the husband of informant and also demanded Rangdari. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no eye witness of the occurrence and no eye witness named the petitioner. The informant is also not an eye witness of the occurrence. One Guddu Kumar, staff of the shop,

Patna High Court CR. MISC. No.5037 of 2021(4) dt.26-07-2021 2/3 was examined by the police and he stated that petitioner along with other accused persons came on the place of occurrence and Niraj Choudhary fired on the deceased. Save and except the aforesaid fact there is no other substantive evidence to show the complicity of the petitioner in the aforesaid crime. Petitioner is in custody since 14.05.2020 and charge sheet has already been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Patna City in connection with Chowk PS case No. 118/2020 on the following conditions:-

(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 reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5037 of 2021(4) dt.26-07-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T