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Patna High CourtCR. MISC./64049/2023allowed

Ravibhushan Kumar @ Ravi Bhushan @ Ravi Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64049 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BIKRAM District- Patna ====================================================== Ravibhushan Kumar @ Ravi Bhushan @ Ravi Yadav Son Of Kameshwar Yadav R/O Vill- Badaki Baliyari Ps- Bikram Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shovendra Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. Prosecution case relates to theft of one motorcycle of the informant by the unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in FIR rather his name came into light in this case on the basis of his self confessional statement before the police which has got no evidentiary value in the eye of law. Nothing looted article has been recovered from the possession

Patna High Court CR. MISC. No.64049 of 2023(2) dt.11-10-2023 2/2 of the petitioner. It is also submitted that he was not apprehended on spot. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 01.09.2023 passed in Cr. Misc. No.58263 of 2023. Moreover, he is languishing in judicial custody since 18.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bikram P.S. Case No. 61 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Danapur, Patna.

(Sunil Kumar Panwar, J) lata/- U T