Ravi Rauniyar @ Ravi Kumar @ Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62451 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAVI RAUNIYAR @ RAVI KUMAR @ AMRENDRA KUMAR S/o SITARAM SAH R/o VILLAGE-BHAVDEPUR, P.S.- RIGA, DISTRICTSITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayush Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 394, 412 and 414 of the Indian Penal Code.

Two miscreants are said to have fired upon the informant and Rs. 27,000/- have been looted away. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. rather his name transpired in this case during course of investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner nor any T.I.P. has been conducted by the

Patna High Court CR. MISC. No.62451 of 2021(3) dt.13-04-2022 2/3 prosecution till date. Learned counsel appearing for the petitioner further submits that in fact, the alleged occurrence took place on 02.03.2021 whereas the F.I.R. has been filed on 12.03.2021 after lapse of almost ten days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the co-accused, namely, Ankit Jha @ Ankit Kumar, having more of less similar allegation, has already been granted bail by this Court vide order dated 17.12.2021 passed in Cr. Misc. No. 49108 of 2021. The petitioner is rotting in judicial custody since 16.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries nine more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Runnisaidpur P.S. Case No. 162 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.62451 of 2021(3) dt.13-04-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T