Ravi @ Ravi Shankar @ Ravi Sekhar @ Ravi Sekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65678 of 2023 Arising Out of PS. Case No.-299 Year-2016 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAVI @ RAVI SHANKAR @ RAVI SEKHAR @ RAVI SEKHAR KUMAR S/o- SRI OM PRAKASH CHOUDHARY Village- Sikandarpur Kundal PsTown Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2024 Heard the learned counsel for the petitioner as well as the learned APP for the State.
2. Earlier the regular bail of the petition was rejected vide order dated 03.05.2023 in Cr. Misc. No. 68109 of 2022.
3. As per allegation, a dead-body of one Sumit Kumar aged about 17 years was recovered. During investigation, it was detected that co-accused Prashant had confessed his guilt in which he has also named Ravi resident of Bibiganj.
4. Learned counsel for the petitioner submits that co-accused Prashant, in whose confessional statement the name
Patna High Court CR. MISC. No.65678 of 2023(4) dt.19-01-2024 2/3 of co-accused Ravi was figured, has been acquitted by the Juvenile Justice Board. He also submits that the statement of the girl with whom co-accused Prashant as well as the deceased Sumit Kumar had love and affection, was recorded in paragraph No. 20/129 of the case diary and that girl also did not name the petitioner. Learned counsel submits that the case of the petitioner is on better footing than that of Prashant who confessed his guilt. He submitted further that though the name of the petitioner is also Ravi Kumar, but he is not the resident of Bibiganj, in fact he is a resident of Sikandarpur. He was not the same person whose name was figured in the confessional statement of Prashant. The petitioner has no criminal history.
6. On the other hand, the learned APP, Shri Shailendra Kumar though opposed the prayer for bail but he has fairly conceded that from perusal of the records it appears that the petitioner is not the resident of Bibiganj.
7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 21st Additional Sessions Judge, Muzaffarpur in connection with Sadar P.S. Case No. 299 of 2016, subject to the following
Patna High Court CR. MISC. No.65678 of 2023(4) dt.19-01-2024 3/3 conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) SONALI/- U T