Ravi Ranjan Purvey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74388 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Ravi Ranjan Purvey, S/O Ganesh Purvey, R/O Vill/Muhalla- Balha, P.S. Keoti, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Archana Sinha, Advocate Mr.Kedar Jha, Advocate For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 395 of 2023, registered for the alleged offences under Sections 366A/120B/34 of the Indian Penal Code and Sections 25 (1-b) a/26/35 of the Arms Act.
3. As per prosecution case, the petitioner and coaccused persons abducted a person with his vehicle at gunpoint and demanded Rs. 2,00,000/- as ransom. They also snatched two mobile phones from the driver of the vehicle. Meanwhile police intervened and apprehended three co-accused persons and the petitioner is said to have fled away from the spot.
Patna High Court CR. MISC. No.74388 of 2023(2) dt.29-11-2023 2/3
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is not clear who demanded the money and who abducted the victim on gunpoint. The petitioner has been made accused in this case due to enmity of his agnates. During investigation, the driver of the vehicle stated that three persons on a motorcycle surrounded him and committed the crime as alleged in the FIR. So false implication is palpable from the FIR itself. Otherwise there is no material against the petitioner to connect him with the offence. No Test Identification Parade was carried out by the police. The petitioner has got criminal antecedents of two cases and he is on bail in one such cases. The petitioner is in custody since 09.06.2023 and the charge sheet has been submitted.
5. Learned APP vehemently opposes the submissions made on behalf of the petitioner. The learned APP submits that the petitioner is member of a gang which abducted innocent person with his vehicle.
6. Having regard to the facts and circumstances of the case and submissions made hereinabove and considering the lack of material against the petitioner for the offence as alleged and further considering the submission of charge sheet and the
Patna High Court CR. MISC. No.74388 of 2023(2) dt.29-11-2023 3/3 period of custody of the petitioner, he is directed to 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 learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar (Mabbi OP) P.S. Case No. 395 of 2023, subject to the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T