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Patna High CourtCR. MISC./67028/2024bail granted

Ravi Rao v. The State Of Bihar

2024-10-05Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67028 of 2024 Arising Out of PS. Case No.-237 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== Ravi Rao, S/o- Mahesh Rao R/o- Manpur Ps- Muffasil Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwani Kumar, Advocate For the Opposite Party/s :

Mr. Arbind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Buniyad Ganj P.S. Case No. 237 of 2018 registered on 01.11.2018 for the alleged offences under Sections 341, 323, 307 and 379/34 of the Indian Penal Code.

3. As per prosecution case, petitioner and other coaccused persons snatched the mobile phone of one Pankaj Kumar and on alarm being raised by the victim, the informant and one other person gave chase and caught co-accused Antu Manjhi. However, the petitioner and other co-accused persons assaulted the informant and snatched his gold chain and fled away from the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.67028 of 2024(2) dt.05-10-2024 2/3 falsely implicated in this case. From the FIR, it is apparent that there is no specific allegation against the petitioner and allegation are general and omnibus in nature. The petitioner has been dragged in this case due to personal grudge and village politics. Even the injury report of the informant and Dharmendra Kumar shows injuries are simple in nature and caused by hard and blunt substance. Nothing incriminating has been recovered from the person or possession of this petitioner who is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner named above, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Gaya/ court concerned, in connection with Buniyad Ganj P.S. Case No. 237

Patna High Court CR. MISC. No.67028 of 2024(2) dt.05-10-2024 3/3 of 2018, subject to the condition laid down under section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T