Ravi Sarkar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60606 of 2025 Arising Out of PS. Case No.-588 Year-2021 Thana- BIHTA District- Patna ====================================================== Ravi Sarkar @ Ravi Kumar, aged about 27 years, Gender-Male, S/o Man Saheb @ Mansaheb, R/o vill - Usri Khurd, P.S. - Sahpur, Distt.- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Chandra, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 588 of 2021, giving rise to Sessions Trial No. 428 of 2022 dated 11.08.2021 registered for the offences punishable under Sections 396, 397, 307 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, on 10.08.2021 at 8.00 P.M., six miscreants armed with katta and pistol entered the jewellery shop named as 'Maa Vindhyawasni Jewellers' where the informant, namely, Neeraj Kumar, used to work. It is further alleged that 2-3 miscreants out of six miscreants, kept the informant hostage snatched his mobile and assaulted him. It is

2/5 further alleged that one of the six miscreants, fired the gun shot on the informant but the target was missed and the bullet hit on the show-case. Three-four miscreants demanded and snatched the keys of the cash box counter and locker from the owner of the said shop, Mantu Kumar, as the keys were of shutter instead of the locker, the lock did not open and then the miscreants became enraged and shot on the owner Mantu Kumar twice, one hit on his chest and another hit on his head, due to which, he fell down. The miscreants snatched two golden chains from the neck of the owner and also took out jewelleries from the showcase and fled away on three motorcycles showing their weapons. It is further alleged that the owner of the shop Mantu Kumar was brought to Netajee Subhash Chandra Medical College and Hospital, where the doctor has declared him dead and thereafter the postmortem of the dead body of Mantu Kumar was conducted.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. and the F.I.R. has been registered against unknown persons. The name of the petitioner has surfaced in the present case during the course of investigation at the behest of Bihta

3/5 Police Station by merely mentioning the name of the petitioner in the confessional statement of the apprehended co-accused persons Pankaj Kumar, Rahul Kumar, Deepak Jha, Vishal Kumar alias Alakha. Even though, the aforesaid apprehended co-accused persons in their confessional statements, have not levelled allegation against the petitioner of hatching conspiracy, as such even if the confessional statement of the aforesaid accused persons are taken on their face value without accepting the same, then also there is no concrete material against the petitioner to even remotely suggest that the petitioner is an accomplish in the alleged offence. It is further submitted that on the alleged date of occurrence i.e., 10.08.2021, the petitioner was not present at the place of occurrence rather he was in judicial custody from 15.07.

2021 in connection with Shahpur P.S. Case No. 37 of 2020 and he was released on bail vide order dated 17.02.2023 in Cr. Misc. No. 53133 of 2022. The petitioner has no concern with the alleged offence as well as the arrested co-accused persons, namely, Pankaj Kumar, Rahul Kumar, Deepak Jha and Vishal Kumar alias Alakha. No incriminating article has been recovered from the possession of the petitioner. No T.I. Parade has been conducted.

4/5 Ravi Singh has already been granted bail by a Bench of this Court in Cr. Misc. No. 23091 of 2023 vide order dated 23.05.2023, Suraj Kumar @ Suryakant Pandey @ Suryakant Kumar @ Suraj Pandey @ Baba has been granted anticipatory bail in Cr. Misc. No. 69435 of 2022 vide order dated 02.05.2023, Deepak Jha @ Dipak Jha and Rahul Kumar have been granted bail in Cr. Misc. No. 42889 of 2022 with Cr. Misc. No. 43434 of 2022 vide order dated 15.02.2023, Vishal Kumar @ Alok Raj @ Nawab, Krishna Kumar @ Rahul Kumar and Pankaj Kumar have also been granted bail in Cr. Misc. No. 42995 of 2022 with Cr. Misc. No. 63126 of 2022 with Cr. Misc. No. 64190 of 2022 vide order dated 15.02.2023 by another CoBenches of this Court, annexed as Anneures-P/3 and P/4 to the present bail petition. The petitioner has five criminal antecedents and in all the cases, he is on bail as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 21.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond

5/5 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI, Danapur, Patna in connection with Bihta P.S. Case No. 588 of 2021, giving rise to Sessions Trial No. 428 of 2022 with further 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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T