Ravi Kumar @ Ravi Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54086 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- DUMARIYA District- Gaya ====================================================== Ravi Kumar @ Ravi Gupta Son of Rakesh Kumar @ Rakesh Singhania Resident of Village -Salaiya PS -Dumariya Distt.- Gaya, at present resident of Mohalla- Ward No. 32, Noorangaj, P.S.-Town, Distt.- Rohtash at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur, APP Mr. Vijay Kumar, Advocate For the State :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-08-2024 Heard Ld. counsel for the Petitioner and Ld. APP for the State.
2. The Petitioner apprehends his arrest, in connection with Dumariya P.S. Case No. 87 of 2023, dated 31.07.2023, registered for the offences punishable under Sections 147, 149, 323, 153(A), 332, 427, 333, 295(A), 353, 504 and 506 of the Indian Penal Code.
3. The prosecution case as emerges from the FIR is that the Petitioner took Law in his hand and also obstructed the Police party from discharging their official duty.
4. Ld. counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation against the Petitioner
Patna High Court CR. MISC. No.54086 of 2024(2) dt.02-08-2024 2/3 is false and fabricated and he has not committed any offence as alleged in the FIR. He also submits that similarly situated coaccused Sagir Ahmad, Rustam Ali, Shahrukh Ali and Raunak Ali got anticipatory bail vide order dated 17.02.2024 passed in Criminal Miscellaneous No. 6430 of 2024, by this Court.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It is also stated in paragraph no. 3 of the bail petition that the Petitioner has no criminal antecedents.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the Petitioner, abovenamed, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Sub-Divisional Judicial Magistrate, Sherghati at Gaya, in connection Dumariya P.S. Case No. 87 of 2023, subject to the conditions as laid down under Section 438 (2)
Patna High Court CR. MISC. No.54086 of 2024(2) dt.02-08-2024 3/3 Cr.P.C. and the following conditions:
(i) In case, it is brought to the notice of the court below that the Petitioner has given wrong statement regarding his criminal antecedents, Ld. court below shall cancel the bail bond of the Petitioner after hearing him and getting satisfied that the Petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the Petitioner. (Jitendra Kumar, J.) Chandan/ RavishankarU T