Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54938 of 2022 Arising Out of PS. Case No.-135 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Ravi Kumar Son Of Ram Shreshtha Ray R/O Village- Ranikhaira, P.S.- Minapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in connection with Siwaipatti P. S. Case No. 135 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was coming from Muzaffarpur to his home by a motorcycle, three unknown miscreants boarded on a motorcycle intercepted him and on the point of pistol, they robbed the informant's

Patna High Court CR. MISC. No.54938 of 2022(2) dt.19-01-2023 2/3 motorcycle, one bag and a mobile phone from his possession. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He further submitted that the petitioner is not named in the F.I.R. The name of the petitioner has sprung up on the basis of confessional statement of co-accused Subodh Kumar. Moreover, nothing has been recovered from the possession of the petitioner. He also submitted that the petitioner has got three criminal antecedent as stated at para 3 of the bail petition, however, out of which in two criminal cases the petitioner is on bail.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Siwaipatti P. S. Case No. 135 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with a condition:- 1.The petitioner is directed to remain physically

Patna High Court CR. MISC. No.54938 of 2022(2) dt.19-01-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T