Ravi Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73054 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== RAVI CHAUHAN S/O MANOJ CHAUHAN MOHALLA- RAJAPUL, INDRAPURI, PS. KRISHNAPURI, DIST. PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashikant, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Gardanibagh P.S. Case No. 323 of 2022 registered under Sections 399, 402 and 414 of the Indian Penal Code and Section 25 (1-b)a, 26 and 35 of the Arms Act lodged on 06.06.2022 by the informant, Ranjit Kumar Razak
3. As per the prosecution story, the police upon secret information raided the place near Manikchand Talab and recovered/seized loaded pistol and motorcyle and further it was disclosed by the accused persons including the petitioner that they were involved in the jewellery loot at Maha Laxmi Jewellery, Anisabad. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that only
Patna High Court CR. MISC. No.73054 of 2023(2) dt.23-11-2023 2/3 because he has criminal antecedent has been implicated by the police in the case. He is actually a candidate of Bihar Constable Examination and nothing was recovered from his conscious possession. Last submission is that some of the similar placed co-accused have been granted bail which is part of the petition (Annexure -2 to 2/3).
5. Taking into account the fact that the petitioner is in custody since 07.06.2022 and the others have been granted bail as stated above, this Court is inclined to extend him the privilege of bail.
6. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Gardanibagh P.S. Case No. 323 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
Patna High Court CR. MISC. No.73054 of 2023(2) dt.23-11-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T