Ravi Shankar Mishra @ Ravi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1857 of 2021 Arising Out of PS. Case No.-397 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Ravi Shankar Mishra @ Ravi Mishra Son of Suresh Mishra Resident of Village- Majhauli, P.S.- Bidupur in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Syameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Goraul P.S. Case No. 397 of 2019, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, on 22.10.2019, while the informant was returning from Madhaul hat alongwith his friend Upendra Rai and reached near Ramdaspur Middle School, four miscreants on two motorcycle surrounded them, snatched Rs. 1,02,000/- (one lac two thousand) from informant and Rs. 2,52,000/- (two lacs fifty two thousand) from informant's friend and thereafter, assaulted them and fled away. It is submitted on behalf of petitioner that petitioner is not named in the FIR and his name has come only on the basis of confessional statement of co-accused Kundan Kumar. It is further submitted that no incriminating article has been

Patna High Court CR. MISC. No.1857 of 2021(2) dt.08-03-2021 2/2 recovered from possession of the petitioner. Till date, petitioner has not been put on TIP and he is in custody since 18.12.2019. Petitioner has been remanded in this case from Goraul P.S. Case No. 404 of 2019.

Considering the nature of accusation, period of custody and the fact that till date petitioner has not been put on TIP, the bail application of petitioner is allowed. Let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 397 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T