Ravi Kumar @ Birat Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50636 of 2023 Arising Out of PS. Case No.-903 Year-2022 Thana- BIHTA District- Patna ====================================================== Ravi Kumar @ Birat Singh Son Of Birendra Roy @ Biren Singh @ Birendra Singh Resident Of Village - Narayanpur, P.S. - Koilwar, District - Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surekha Kumari For the Opposite Party/s :
Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioner and the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bihta P.S. Case No. 903 of 2022, registered for the offences punishable under Sections 25(1-A)/26/35 of Arms Act.
3. As per the FIR, the prosecution case is that on information that some suspected persons are going and coming to a house of one Uma Shankar, police raided the said house where two persons were arrested, from who 20 live cartridges were recovered.
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no evidence against the
Patna High Court CR. MISC. No.50636 of 2023(2) dt.23-08-2023 2/3 present petitioner except the confessional statement of coaccused who are arrested on the spot.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.
6. It has further been stated that the petitioner has one criminal antecedent.
7. However, the learned APP for the State has opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released 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 the Ld. A.C.J.M 1st , Danapur, Patna, in connection with Bihta P.S. Case No. 903 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner
Patna High Court CR. MISC. No.50636 of 2023(2) dt.23-08-2023 3/3 after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent 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, the learned court below shall cancel the bail bond of the petitioner.
9. The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) ramesh/- U T