Krishnadeo Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69601 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Krishnadeo Ravidas Son of Late Parasadi Ravidas, Resident of VillageBichhwe,P.S. Sikandara,Distt.-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Amardeep, Advocate For the State :

Ms. Anita Kumari Singh, Advocate For the informant :

Mr. Mahesh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sikandra P.S. Case No. 152 of 2018 registered for the offences punishable under Sections 147,148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is to have assaulted by rod upon the deceased, Balmiki Yadav.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case due to local village politics. It has further been submitted that specific

Patna High Court Cr.Misc. No.69601 of 2018(2) dt.03-12-2018 2/3 allegation of firing is against co-accused, Binod Mahto, who fired by pistol upon the deceased due to which he died. It has further been submitted that it has come in the postmortem report that all injuries are caused by sharp cut weapons and, as such, allegation against the petitioner is false and fabricated. It is also contended that similarly placed co-accused, Shree Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dated 06.10.2018 passed in Criminal Miscellaneous No.59334 of 2018. Petitioner is in custody since 02.07.2018. Learned counsel for the informant vehemently opposes the prayer of bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Jamui in connection with Sikandra P.S. Case No. 152 of 2018 with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.69601 of 2018(2) dt.03-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T