Ravi Kumar Sharma @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58669 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- JALE District- Darbhanga ====================================================== RAVI KUMAR SHARMA @ RAVI KUMAR S/o Surendra Kumar sharma Resident of Village - Bharvara, P.S. - Singhwara, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar,Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Jalley P.S. Case No. 12 of 2021 registered for the offence under Sections 307 and 393 of the Indian Penal Code and Section 27 of the Arms Act.

Four miscreants are said to have tried to commit loot but on the protest, one miscreant is apprehended on whose possession one loaded desi katta with live cartridge and one knife along with one motorcycle has been

Patna High Court CR. MISC. No.58669 of 2021(2) dt.09-02-2022 2/3 recovered.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, the petitioner has been made accused in this case on the basis of confessional statement of the co-accused, namely, Bajrangi Kumar Sah. He further submits that nothing has been recovered from the conscious possession or house of the petitioner and no T.I.P. has been conducted by the prosecution as yet. The police after investigation has submitted chargesheet against the petitioner in this case. The petitioner is rotting in judicial custody since 17.01.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned A.C.J.M.-I, Darbhanga in connection with Jalley P.S. Case No. 12 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.58669 of 2021(2) dt.09-02-2022 3/3 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 canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T