Ravibhushan Kumar @ Ravi Bhushan @ Ravi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61311 of 2023 Arising Out of PS. Case No.-63 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, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 14.02.2023 in connection with Bikram P.S. Case No. 63 of 2023, F.I.R. dated 07.02.2023 for the offences punishable under Section 379 of the Indian Penal Code.
3. According to prosecution case, it is alleged that this petitioner has stolen the motorcycle of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that from perusal of the F.I.R it appears that merely on the basis of suspicion, the petitioner has falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession
Patna High Court CR. MISC. No.61311 of 2023(2) dt.20-09-2023 2/3 or the house of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.02.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one where all are of similar nature.
6. 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 Additional Chief Judicial Magistrate VI, Danapur, Patna in connection with Bikram P.S. Case No. 63 of 2023, subject to the following conditions:- i. 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 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. ii. 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.
Patna High Court CR. MISC. No.61311 of 2023(2) dt.20-09-2023 3/3 iii. 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) Vanisha/- U T