Jato Ravidas @ Shayam Sundar Ravidas And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46601 of 2017 Arising Out of PS.Case No. -221 Year- 2014 Thana -AKBARPUR District- NAWADA ======================================================
1. Jato Ravidas @ Shayam Sundar Ravidas, S/o Mosafir Ravidas.
2. Krishna Ravidas, S/o Mosafir Ravidas, Both are resident of VillageBadail, P.S.- Akbarpur, District- Nawada. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Shrivastava For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Akbarpur P.S. Case No. 221 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 304 of the Indian Penal Code.
Allegation as per FIR is that one Sudhir Ravidas called the deceased to the village and there was hulla of 'chor chor' and thereafter villagers have found that deceased is co-villager. It is also alleged that thereafter Krishna Ravidas called Birendra Ravidas and prevented the deceased for going to his house and when informant and his family members went there to enquire about the same they have been pushed and, as such, they returned back and deceased was kept in the village and on next morning
Patna High Court Cr.Misc. No.46601 of 2017 (2) dt.21-09-2017 2/3 one Bhola Ravidas informed the informant, who saw the person in injured condition and he was taken to hospital and wherefrom he was referred to PMCH and during course of treatment he died. Submission of learned counsel for the petitioners is that there is no specific allegation against the petitioners and Sudhir Ravidas having similar allegation has been granted bail by this Court.
Heard learned APP also.
Having heard both sides and in view of facts and circumstances, it appears that allegation against Sudhir Ravidas is not similar to these petitioners. So far petitioner No.1 is concerned, there is no allegation attributed against him and petitioner No.2 is concerned, there are some specific allegations attributed against him and considering the aforesaid aspect of the matter, let petitioner No.1, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 221 of 2014, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court
Patna High Court Cr.Misc. No.46601 of 2017 (2) dt.21-09-2017 3/3 concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.
So far prayer for bail of petitioner No.2 is concerned, in the facts and circumstances, as stated above, his prayer for bail is rejected. However, he may renew his prayer for bail after framing of charge in this case.
(Vinod Kumar Sinha, J) spal/- U