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Patna High CourtCR. MISC./63339/2019bail granted

Ravishankar Rajbhar v. The State Of Bihar

2019-11-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63339 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== RAVISHANKAR RAJBHAR S/O- Surendra Rajbhar Resident of VillageMahadah, P.S.- Buxar (Muffasil), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Suryapura Police Station Case No. 41 of 2019, registered for the offence punishable under Sections 224/225/379/34 of the Indian Penal Code.

The prosecution story, as per the First Information Report, is that the petitioner was arrested in connection with Suryapura Police Station Case No. 40 of 2019, and was kept in the custody of one Kameshwar Singh in the campus of Suryapura Police Station at 12:30 hours of 17/18.03.2019. On 18.03.2019, at about 04:30 AM, the said Kameshwar Singh informed the Station House Officer of the Police Station that the accused-petitioner, after cutting the rope, has fled away with the

Patna High Court CR. MISC. No.63339 of 2019(3) dt.26-11-2019 2/3 handcuffs from the Police Station.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case inasmuch as the petitioner was told by one of the Constables in the Police Station that he has been freed from the custody and is not wanting in the case and, accordingly, the petitioner left the Police Station and reached his home and on the next day, when the petitioner got information that another case (present case) has been lodged against him, he immediately surrendered before the Court on 19.03.2019. He further submits that in Suryapura Police Station Case No. 40 of 2019, in which he petitioner was arrested, he has been granted bail by this Court by order, dated 11.09.2019, passed in Criminal Misc. No. 57445 of 2019. He further submits that the petitioner is in custody in the present case since 19.03.2019.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has surrendered himself in the present case on 19.03.2019 and he is in custody since then, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, Ravishankar Rajbhar, be released

Patna High Court CR. MISC. No.63339 of 2019(3) dt.26-11-2019 3/3 on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas, in connection with Suryapura Police Station Case No. 41 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √