Ravi Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67462 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- MOKAMAH District- Patna ====================================================== RAVI SHANKAR KUMAR S/O LATE GOPAL SHARAN RAI @ LATE GOPAL SHARAN YADAV R/O VILLAGE- MEKRA BUJURG, P.SMOKAMA, DISTT.- PATNA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Mokama P.S. Case No. 106 of 2023 registered on 17.03.2023 lodged under Sections 341, 323, 307, 379/34 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against five named accused persons in which general and omnibus allegation has been made against all the five accused persons that they have assaulted the informant's brother and also snatched the gold chain and Rs. 500/-. The cause of dispute has been shown in the F.I.R. as land dispute.
4. Counsel for the petitioner submits that there is no specific allegation against the petitioner. All allegations are
Patna High Court CR. MISC. No.67462 of 2023(2) dt.17-10-2023 2/3 general and omnibus. The injury report has been annexed as Annexure P/2 which indicates that injury is cause by hard blunt substance and it is simple in nature.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 07.07.2023 having one criminal case pending against him, in which he is on bail.
6. Learned counsel for the State opposes the prayer for bail.
7. Learned counsel for informant vehemently opposes the prayer for bail and submits that from the FIR, it is very much clear that there is allegation of assault by accused persons by iron rod and khanti due to which bleeding started.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III Barh, Patna, in connection with Mokama P.S. Case No. 106 of 2023 , subject to the following conditions and the conditions laid down under section 437(3) of Cr.P.C.
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.67462 of 2023(2) dt.17-10-2023 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) Sunnykr/- U T