Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69246 of 2022 Arising Out of PS. Case No.-295 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== RAVINDRA KUMAR Son of Arvind Singh @ Arvind Kumar Singh R/vKhilwat, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bidupur P.S. Case No.295 of 2022 dated 08.06.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and the same has been registered against unknown miscreants, in fact petitioner was arrested in connection with Bidupur P.S. Case No.331 of 2022 registered under the offences of Arms Act, thereafter he was remanded in the present matter as well as in 17 other criminal cases and he has got bail in eleven cases out of the cases of his antecedents

Patna High Court CR. MISC. No.69246 of 2022(3) dt.18-04-2023 2/3 and in the present matter he has been languishing in jail since 27.07.2022 and as per prosecution he made his statement before the police in the Bidupur P.S. Case No.331 of 2022 but recovery of any incriminating material in following with the said statement connecting the petitioner to the alleged crime in the present matter was not made and after the petitioner's remand in the present case he was not put on Test Identification Parade. 4.

Though learned APP appearing for the State has opposed the bail prayer but fairly accepted that except the petitioner's statement recorded by him before the police in Bidupur P.S. Case No.331 of 2022 there is no any other material against him.

5.

Considering the above submissions made by petitioner's counsel and mainly the facts that the petitioner has been made accused in the present matter on the basis of his statement recorded by him in Bidupur P.S. Case No.331 of 2022 and in following with the said statement the police failed to recover any looted article in the present matter and after the petitioner's remand in the present matter he was not put on Test Identification Parade and accordingly against the petitioner upon which the prosecution is mainly relying is his own statement recorded by him before the police, in the opinion of

Patna High Court CR. MISC. No.69246 of 2022(3) dt.18-04-2023 3/3 this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bidupur P.S. Case No.295 of 2022.

(Shailendra Singh, J) sangam/- U T