Ravi Kumar @ Rabi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 13582 of 2018 Arising Out of PS.Case No. -525 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Ravi Kumar @ Rabi Kumar, S/o Raj Kishore Sah, Residence of Mohalla/Vill.- Benta, Shahganj, P.S.- Laheria Sarai, Distt. Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Kedar Jha, Advocate For the S t a t e : Mr Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 448/341/323/324/307/34 of Indian Penal Code. It is submitted by the petitioner's counsel that the petitioner has been falsely implicated in this case. Other than his confessional statement, no reliable evidence has come against the petitioner in course of investigation. It is further submitted that the petitioner was earlier a servant in the informant's shop and, as such, the informant was well known to him. However, the petitioner has not been named in the first information report though the informant alleges that he could identify the accused persons who attempted to commit robbery in his shop and assaulted him. Petitioner, till date, has not been put on test
Patna High Court Cr.Misc. No.13582 of 2018 (3) dt.12-04-2018 2/2 identification parade. Prior to the instant case, there is no criminal antecedent of the petitioner and he is in jail in connection with this case since 20.12.2017. Other co-accused persons have been granted bail by this Court in Cr Misc No 12234 of 2018 and Cr Misc No 19973 of 2018.
Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in Laheriasarai Police Station Case No 525 of 2017 subject to the following conditions:
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U