Ravi Nandan Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25885 of 2017 Arising Out of PS.Case No. -594 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Ravi Nandan Kumar @ Chhotu Son of Ram Karan Yadav, resident of Village- Pokharsama, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Bhagat, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 20.12.2016 in connection with Laheriasarai P.S. Case No. 594/16 for the offences alleged under Sections 399, 400, 402, 414 of the Indian Penal Code and Sections 25(1-b) A, 26, 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on a tip off that some criminals have assembled to commit crime, the police reached the place of occurrence and apprehended four persons including the petitioner while one person managed to flee away. From the possession of the petitioner one mobile phone was recovered while from the possession of another co-accused some arms were recovered.

Patna High Court Cr.Misc. No.25885 of 2017 (3) dt.04-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was present at the place of occurrence for some other work and has been falsely implicated in the aforesaid case. He submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that another coaccused has already been granted the privilege of bail on similar allegation by a Coordinate Bench of this Court in Cr. Misc. No. 19171 of 2017 on 28.04.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 594/16.

(Nilu Agrawal, J) Rajesh/- U T