Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51771 of 2022 Arising Out of PS. Case No.-662 Year-2021 Thana- BIHAR District- Nalanda ====================================================== Ravi Kumar, aged about 25 years, Male, S/o Dinesh Paswan R/o MohallaMohiudinpur, P.S.- Bihar, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Bihar P.S. Case No. 662/2021 registered for the offence punishable under Sections 341, 323, 420, 379, 386, 34 of the Indian Penal Code (for brevity 'IPC') There is allegation that the informant was on his way home after closing down his cyber cafe, when he has been lynched by some persons after they have blindfolded him. They have taken him in the field, snatched Rupees one lakh and fifty thousand (1,50,000/-) and forced him to make electronic transfer of some more funds. It is submitted by the petitioner's counsel that the petitioner has no connection with the alleged occurrence. The account number referred in the First Information Report (for brevity 'F.I.R') and seizure list is not of the petitioner. He is not the beneficiary of any of the alleged transactions.
Petitioner's name has been dragged in this case because his mother has earlier filed complaint case No. 822/2021 against the informant. There is no recovery from the petitioner of any incriminating material. Charge-sheet has already been submitted and petitioner has not been put on Test Identification Parade (for brevity 'T.I.P').
Patna High Court CR. MISC. No.51771 of 2022(3) dt.11-01-2023 2/2 in custody since 31.01.2022. Petitioner is acquitted in two out of three cases mentioned in paragraph No. 3 of the bail petition, and in the third case he is on bail.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the fact of lodging of compliant case no. 822/2021 by the petitioner's mother and the period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 the learned C.J.M. Nalanda, in connection with Bihar P.S. Case No. 662/2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) rajkishore/- U T