Ravi Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68436 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Ravi Raushan Kumar Son of Ganesh Singh, Resident of Village-Warishpur, P.S.-Bhagalpur, District-Vaishali at Hajipur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sumeet Kumar Singh, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 3302, 307 and 34 of the Indian Penal Code registered in connection with Goraul P.S. Case No. 92 of 2018.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. His name has surfaced only on the basis of the confessional statements of co-accused Vikash Kumar, Ranjeet Kumar Rai, Munna Rai and Alok Kumar except which there is no material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.

4. Learned APP has not been able to point out any material from the case diary to implicate the petitioner except the said confessional statement.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.68436 of 2018(3) dt.18-01-2019 2/2 Additional Chief Judicial Magistrate 1st, Vaishali at Hajipur, in connection with Goraul P.S. Case No. 92 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T