Patna High CourtCR. MISC./66063/2022bail granted

Ranveer Kumar Yadav @ Ranveer Kumar v. The State Of Bihar

2023-07-03Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66063 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== RANVEER KUMAR YADAV @ RANVEER KUMAR S/O KRISHNA MOHAN YADAV Resident of Village- Jirwa, Ward No- 03, P.S.- Shankarpur, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 14.09.2021 in connection with Singheshwar P.S. Case No. 165 of 2021, F.I.R. dated 14.07.2021 for the offences punishable under Section 395 of the Indian Penal Code.

According to prosecution case, three unknown miscreants boarded on a motorcycle robbed Rs.3,64,000/- from the informant and also assaulted him with their pistol's butt and they also looted the other friends of the informant. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in

2/4 the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused namely, Bandhan Kumar @ Ranjan Kumar, thereafter the petitioner has also confessed his involvement in the present occurrence. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that similarly situated, coaccused, namely, Abhishek Kumar @ Bhawesh @ Bhawesh Kumar has been granted bail by a co-ordinate Bench of this Hon'ble Court vide order dated 09.12.2023 passed in Cr. Misc. No. 48890 of 2022 and another co-accused namely, Nitish Kumar has been granted bail a co-ordinate Bench of this Hon'ble Court vide order dated 13.01.2023 passed in Cr. Misc. No. 33742 of 2022.

He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 14.09.2021. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances and

3/4 period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 165 of 2021, corresponding to G.R. No. 1355 of 2021, arising out of S.T. No. 60 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail

4/4 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T