Ravindra Kumar @ Ravindra Kumar Rawat @ Ravindra Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54143 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Ravindra Kumar @ Ravindra Kumar Rawat @ Ravindra Rawat S/o Birendra Rawat R/o Mohalla- Baradahiya, P.S.- Marhowrah, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks from today.

Heard learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Madhaurah P.S. Case No. 128 of 2022 registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. He is in custody since 28.02.2022. The petitioner has got six criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the police personnel on secret information reached the house of co-accused Tinku Sharma where 5-6

Patna High Court CR. MISC. No.54143 of 2022(2) dt.16-12-2022 2/3 persons after seeing the police party started fleeing away but 5 of them got apprehended and on search of this petitioner, one country made pistol, two live cartridges, two mobiles and Rs. 1,000/- have been recovered. It is alleged that one Hero Splendor Motorcycle was also seized.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no allegation of commission of any overt act against the petitioner. It is submitted that the petitioner is in custody in connection with this case since 28.02.2022.

Mr. Nawal Kishore Prasad, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein from possession of the petitioner one country made loaded katta and two live cartridges have been recovered with two mobiles and Hero Splendor Motorcycle and Rs. 1000/- but similarly situated co-accused namely Meraj Ansari and Ajit Kumar Raut have been granted bail by learned coordinate Benches of this Court in Cr. Misc. No. 48341 of 2022 and 48913 of 2022 respectively, this Court directs that the petitioner

Patna High Court CR. MISC. No.54143 of 2022(2) dt.16-12-2022 3/3 above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaurah P.S. Case No. 128 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

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 steps 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. This application is allowed.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) vats/- U T