Ravi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50974 of 2019 Arising Out of PS. Case No.-671 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== RAVI SINGH Son of Vishwanath Singh, Resident of Mohalla - Maharana Pratap Nagar, P.S.- Arrah Nawada, District - Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Ara Nawada P.S. Case No. 671 of 2018 registered for offence punishable under section 307 of the Indian Penal Code and section 27 of the Arms Act. Allegation has been made that on 25.09.2018 at about 8.05 P.M., when the informant was in his shop, three unknown persons came on bullet motor cycle, resorted firing and fled away from there on account of taking advantage of darkness. During investigation it transpired that two constables, namely, Rajiv Kumar and Bimal Kumar have identified the person who fled away from there, but no where the motive of such attack has been mentioned in the FIR, nor there is
Patna High Court CR. MISC. No.50974 of 2019(2) dt.17-08-2019 2/3 allegation of demand of money nor any previous enmity. The real fact is that the uncle of the petitioner was killed and for that, trial is to be commenced, on that account, the false case has been filed against the petitioner to divert his attention from that case.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No.671 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. Whenever the Police will call the petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure to appear before the
Patna High Court CR. MISC. No.50974 of 2019(2) dt.17-08-2019 3/3 police, the bail granted to the petitioner will be treated to have been withdrawn.
(Shivaji Pandey, J) Mahesh/- U T