Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9407 of 2018 Arising Out of PS.Case No. -103 Year- 2017 Thana -KHAJEKALA District- PATNA ======================================================

1. Ravi Kumar, Son of Arjun Prasad @ Arjun Prasad Verma Resident of Mohalla-Macharhatta Gali Maharaj Ki Dyorhi, Police StationKhajekalan, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sessions Trial No.699 of 2017, arising out of Khajekalan P.S. Case No.103 of 2017, a case under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of murder is against unknown.

Learned Additional Public Prosecutor submits that there is no eyewitness before the police during investigation. Only circumstance against the petitioner is that he had carried the victim for treatment and subsequently it was informed that the petitioner and others were the real assailants and to save their skin they had

Patna High Court Cr.Misc. No.9407 of 2018 (2) dt.17-02-2018 P2/ carried the victim. Besides the aforesaid, there is confession of petitioner before the police also. For the purpose of bail, the aforesaid are no material to refuse the prayer. It appears that similarly situated co-accused Rohit Kumar has also been allowed bail by this Court in Cr. Misc. No.55446 of 2017.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T