Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56751 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Ravi Kumar, S/O Ramji Yadav R/O Village- Salempur , Ps. Kinjar Dist. Arwal ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Choudhary For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that the informant instituted the instant F.I.R. against unknown with regard to murder of his brother. It is next submitted that the F.I.R. was against unknown and the name of the petitioner transpired in the statement of
Patna High Court CR. MISC. No.56751 of 2023(4) dt.13-02-2024 2/3 Pinki Kumari, who was having an illicit relationship with the deceased and was wife of Kunna Yadav @ Anil Yadav.
4. The learned counsel for the petitioner submits that police thereafter investigated the case threadbare and came to a considered conclusion that petitioner was not involved in the offence, as such, submitted final form no.264 of 2022 dated 30.06.2022 (Annexure-3) exonerating the petitioner of the allegation alleged. It is next submitted that the learned Magistrate differing with the police report took cognizance. It is next submitted that when one investigating agency after a threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for the Court to send the petitioner to judicial custody.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum
Patna High Court CR. MISC. No.56751 of 2023(4) dt.13-02-2024 3/3 of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P. S. Case No.134 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T