Ravi Yadav @ Ravi Gope @ Alok v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56879 of 2023 Arising Out of PS. Case No.-72 Year-2014 Thana- TEGHRHA District- Begusarai ====================================================== RAVI YADAV @ RAVI GOPE @ ALOK SON OF LATE CHHANULAL YADAV RESIDENT OF VILLAGE- R.K. AVENUE ROAD, NALA ROAD, LANGAR TOLI, PS- KADAMKUAN, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Teghra P.S. Case No. 72 of 2014 registered under Section 414 of the Indian Penal Code and Sections 25 (1b)A, 26 and 35 of the Arms Act lodged on 13.03.2014 by the informant, Uma Kant.
As per the prosecution story, the allegation is that while intercepting the vehicle, the police apprehended the accused persons but some of the accused persons managed to escape. The arrested people named accomplices, the petitioner being one of them. In the presence of independent witnesses,
2/4 search was made and pistol/magazine/live cartridges and mobiles have been recovered/seized. Accordingly, the FIR. It is a case of the petitioner that his name has come in the confessional statement of the accused persons. He was aware of it and as such for one decade, he failed to surrender. His last submission is that others similar situate persons has been extended the privilege of bail. Learned APP, on the other hand, submits that not only he evaded arrest for nine (9) years, he has criminal antecedent and inasmuch as he is an accused under Sections 302, 307, 395 and 392 in 13 such cases. Further, it is not the case that after nine years, he surrendered rather arrested in a different case and remanded in the present case on 03.12.2022 and since then he is in jail.
3/4 of the charge, subject to conditions:
Let the petitioner be released on bail after framing of charge on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Munsif cum J.M.F.C., Teghra, Begusarai in connection with Teghra P.S. Case No. 72 of 2014, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T