Ravish Kumar @ Advani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61084 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- MAHKAR District- Gaya ====================================================== 1.
Ravish Kumar @ Advani S/O Nawal Yadav R/O Village- Gorandi, P.SMahakar, District- Gaya 2.
Nawal Yadav S/O Late Deo Sharan Yadav R/O Village- Gorandi, P.SMahakar, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Mahkar P.S. Case No. 50 of 2024 dated 26.02.2024 registered for the offences punishable u/ss 341, 323, 307, 379, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons holding deadly weapons came and started assaulting the informant and his family members. The petitioner Ravish Kumar assaulted on the eye of the informant's grandson, Sanjiv Kumar causing injury. The petitioner Nawal
Patna High Court CR. MISC. No.61084 of 2024(2) dt.09-09-2024 2/3 Yadav snatched golden chain from the informant's daughter-inlaw. The co-accused, Nitish Kumar assaulted the informant's grand-son on his head due to which he sustained head injury.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The charge-sheet has been submitted against the petitioners. As per the injury report of the injured Sanjiv Kumar, the injury is stated to be grievous in nature caused by hard and blunt substance. The allegation of snatching against the petitioner Nawal Yadav is ornamental. The petitioners have two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 05.05.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Mahkar P.S.
Patna High Court CR. MISC. No.61084 of 2024(2) dt.09-09-2024 3/3 Case No. 50 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T