Ravi Dome @ Ravi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58488 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna ====================================================== Ravi Dome @ Ravi Ram S/o Sri Harendra Ram @ Tribhuvan, R/o Patharighat, Devi Asthan, Gaighat, P.S.- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar-1 For the Informant :

Mr. Kamlesh Payday, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Digha P.S. Case No. 130 of 2018 registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged in the FIR that his father was going to Digha Hatt by motorcycle on 10.03.2018 and when he reached at Digha Hatt, co-accused persons started firing from their pistol, as a result of which his father died. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. He was arrested in another case and from which he was remanded in this case. Name of petitioner has surfaced on the confession made by him before

Patna High Court Cr.Misc. No.58488 of 2018(4) dt.02-11-2018 2/2 police which has no evidentiary value in the eye of law. Petitioner is in custody since 21.05.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna, in connection with Digha P.S. Case No. 130 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(S. Kumar, J) veena/- U T