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Patna High CourtCR. MISC./56000/2022bail granted

Sindhu Ravidas @ Sindhu Kumar v. The State Of Bihar

2022-12-16Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.56000 of 2022 Arising Out of PS. Case No.-440 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== Sindhu Ravidas @ Sindhu Kumar Son of Suresh Ravidas Resident of Village - and PO- Pariyauna, P.S.- Nursarai, Distt.- Nalanda, Pin - 803113 ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, 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 the Stamp Reporter within two weeks.

Heard learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Noorsarai P.S. Case No. 440 of 2021 registered for the offences punishable under Sections 341, 323, 324, 379, 504, 326, 307 and 34 of the Indian Penal Code. He is in custody since 18.05.2022. He has no criminal antecedent. Learned counsel for the petitioner submits that the allegation against the petitioner is that he assaulted the husband of the informant with a katta near the left eye. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.56000 of 2022(2) dt.16-12-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that investigation against the petitioner is complete. It is submitted that the petitioner is in custody since 18.05.2022 having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of the petitioner that the alleged occurrence took place in course of a minor scuffle, the injury caused to the informant is though said to be grievous in nature but in connection with this case the petitioner has remained in jail since 18.05.2022, investigation against him is complete and his presence may be secured in course of trial, he has no criminal antecedent, this Court directs release of the petitioner above named on bail on furnishing of 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, Nalanda, Biharsharif in connection with Noorsarai P.S. Case No. 440 of 2021, 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

Patna High Court CR. MISC. No.56000 of 2022(2) dt.16-12-2022 3/3 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. The application stands allowed.

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

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T