Ravi Kumar @ Ravo Sarkar @ Ravi Sarkar @ Ravi Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56429 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- SAHPUR District- Patna ====================================================== RAVI KUMAR @ RAVO SARKAR @ RAVI SARKAR @ RAVI KUMAR YADAV Son of Mansaheb @ Man Saheb R/o Village - Usri Khurd, P.S.- Shahpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhukar Anand,Advocate For the Opposite Party/s :
Mr.Binod Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Shahpur P.S. Case No. 175 of 2021 under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.
As per the FIR, the police upon information raided the house of Mithilesh Singh and apprehended altogether nine persons and upon search amongst other from this petitioner, one country-made revolver and three live cartridges were recovered.
Patna High Court CR. MISC. No.56429 of 2022(2) dt.16-12-2022 2/3 Learned counsel for the petitioner submits that only because he has criminal antecedent, he has been implicated in this case and in the process, has remained in custody since 28.05.2021 (as stated in paragraph-19 of the bail application). Learned APP for the state, on the other hand, opposes the prayer for bail stating that he has criminal antecedent. Considering his period of incarceration as also that charge sheet stands submitted and he is a man of only 23 years and has chance to reform himself, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Court No. 2, Danapur in connection with Shahpur P.S. Case No. 175 of 2021, 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 bail
Patna High Court CR. MISC. No.56429 of 2022(2) dt.16-12-2022 3/3 by the Trial court itself;
(iii) the petitioner shall leave the district (Patna) for a period of three month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (of his residence) every week to mark his attendance;
(iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months; (v) 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;
(vi) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/Neha/- U T