Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60578 of 2021 Arising Out of PS. Case No.-1092 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Ravi Kumar S/O Late Surendra Rai R/O Village-Bhup Bhairo @ Bhu Bhairo, P.S-Sitamarhi, District-Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in custody in connection with Sitamarhi P.S. Case No. 1092 of 2018 lodged under sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution story, the informant alleged that she heard firing outside her house. When she came out, one of the bullets hit her left arm and she was injured. She alleged that it was this petitioner who was firing and one of the bullet hit her left arm.

Learned counsel for the petitioner submits that due to local dispute there was differences between them which led to his implication in this case. He further submits that for the said

Patna High Court CR. MISC. No.60578 of 2021(3) dt.11-05-2022 2/3 occurrence he has already suffered and is in jail since 10.6.2021 (as stated in para-15 of the bail application). Taking into account the aforesaid facts that chargesheet has been submitted and he is in jail since 10.6.2021; this Court is inclined to grant him the privilege of bail but with certain conditions in view of the fact that he 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 learned Chief Judicial Magistrate-I/c, Sitamarhi, in connection with Sitamarhi P.S. Case No. 1092 of 2018 subject to the following conditions:- (i) one of the bailors should be the family members of 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 for two consecutive dates 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 next six months to mark his presence; (iv) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.60578 of 2021(3) dt.11-05-2022 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. The bail application is allowed with the aforesaid observations.

(Rajiv Roy, J) Ravi/- U T