Ravi Kumar @ Bade v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59860 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- SURYAPURA District- Rohtas ====================================================== RAVI KUMAR @ BADE S/o Fudena Singh Resident of Village- Banjhu Dera, P.S.- Dumraon, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashwini Kumar Rai, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Suryapura P.S. Case No. 90 of 2020 for the offences under Sections 307, 504, 506 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the FIR, the informant alleged that his son who resides in Delhi called him and threatened that in case he sales his landed property, he will face dire consequences. It was followed by his younger son who also abused his father in support of his elder brother. The further allegation is that the brother-in-law of the elder son, the petitioner herein, at 1 'o'
Patna High Court CR. MISC. No.59860 of 2021(3) dt.18-07-2022 2/3 clock in the night came to his house and opened fire which hit his leg and according to the injury report the same is grievous in nature.
Learned counsel for the petitioner submits that there is single shot injury on the informant that too on the leg and it shows that he had no intention to kill. He further submits that for the his alleged act, he has already suffered by being in jail since 06.03.2021 (as stated in paragraph-9 of the bail application). He however, admits that the petitioner do have criminal antecedents which reflect from paragraph-3 of the bail application.
Taking into account the aforesaid facts that the injury has been inflicted on the leg, he is in jail since 06.03.2021 and charge sheet stands submitted, this Court is inclined to grant him the privilege of bail with some strict conditions in view of the fact that the petitioner has criminal antecedent. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bikramganj (Rohtas) in connection with Suryapura P.S. Case No. 90 of 2020, subject to the following conditions:- (i) Both the bailors should be the family members of
Patna High Court CR. MISC. No.59860 of 2021(3) dt.18-07-2022 3/3 the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so any date without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for one year to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T