Ravi Rai @ Ravi Gope @ Ravi Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66648 of 2021 Arising Out of PS. Case No.-121 Year-2021 Thana- DIGHA District- Patna ====================================================== RAVI RAI @ RAVI GOPE @ RAVI SHANKAR Son of Satya Narayan Rai Resident of Ramjee Chak, Police Station - Digha, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Digha P.S. Case No. 121 of 2021 registered for the offences punishable under Sections 384, 385, 386 of the IPC.

The gist of the prosecution case is that the informant having received confidential information regarding collection of extortion money from tempo drivers reached at the place of occurrence and apprehended two persons and also recovered one register and Rs. 1440/- from their possession.

Patna High Court CR. MISC. No.66648 of 2021(2) dt.11-03-2022 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that allegation against the petitioner is that on his instance, co-accused persons had collected the tax from the tempo drivers. He further submits that not a single independent witness or any auto driver has come forward to record his statement against the petitioner. He further submits that police after investigation submitted charge sheet against the petitioner on 25.05.2021 and the petitioner is in custody since 23.03.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries four criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Subdivisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 121 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.66648 of 2021(2) dt.11-03-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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 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.

(Rajesh Kumar Verma, J) shahzad/- U T