Ravish Kumar @ Frooti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66707 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Ravish Kumar @ Frooti S/O Shatrudhan Yadav R/V- Santosh, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Alauli P.S. Case No. 194 of 2022 registered for the offence under Section 392 of I.P.C.

The accused/petitioner is not named in the F.I.R. and is in custody since 15.06.2022.

The allegation against the petitioner is to commit robbery and while committing so taken away a motorcycle belongs to informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66707 of 2022(2) dt.23-02-2023 2/3 submitted that the name of petitioner surfaced in present case on the basis of suspicion, as raised by local Chaukidar, in furtherance of which self-confession of petitioner was recorded, whereafter an alleged looted motorcycle was recovered from an open field/Baihar, accessible by general public. It is further submitted that as alleged looted motorcycle recovered from an open place, therefore, the recovery in furtherance of self-confession appears not convincing on its face. It is also submitted that petitioner has not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in two cases, more or less similar in nature, where his name surfaced on the basis of confessional statement, as of the present case and moreover, investigation of this case is completed, for which charge-sheet has been submitted, and as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as looted motorcycle recovered from an open field, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Alauli P.S. Case No. 194 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.66707 of 2022(2) dt.23-02-2023 3/3 Chief Judicial Magistrate, Khagaria/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T