Ravindra Kumar Sah @ Ravindra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64056 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Ravindra Kumar Sah @ Ravindra Sah Son of Shambhu Sah Village -Narhi, P.S. -Andhramath, District -Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Bharti, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner and Learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Andhramath P.S. Case No.175 of 2023, lodged on 31.10.2023, under Sections 279/337/338/272/273 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.
3. Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 27.05.2024 passed in Cr. Misc. No.38769 of 2024.
4. Learned Counsel for the petitioner submits that at the time of rejection of bail application this Hon'ble Court was pleased to grant liberty to the petitioner that he may renew his prayer three months after framing of the charge. Counsel
Patna High Court CR. MISC. No.64056 of 2024(3) dt.14-11-2024 2/3 submits that he has annexed the document of framing of the charge which is dated 10.06.2024 and three months time have elapsed. Counsel submits that to see the progress a report has been called for which is on the record.
5. Learned Counsel for the State opposes the prayer for bail and submits that from the rejection order liberty was granted to the petitioner that he may renew his prayer three months after framing of the charge.
6. From perusal of the progress report it transpires that out of six charge sheet witness only two witnesses have been examined.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Ghoghardiha P.S. Case No.84 of 2018, (ii) Ghoghardiha P.S. Case No.141 of 2020, (iii) Phulparas P.S. Case No.560 of 2020 and (iv) Ghoghardiha P.S. Case No.121 of 2022, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Jhanjharpur, Madhubani, in connection with Andhramath P.S. Case No. 175 of 2023, subject to the
Patna High Court CR. MISC. No.64056 of 2024(3) dt.14-11-2024 3/3 conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T