Ravindra Yadav @ Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71668 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- BAGENGOLA District- Buxar ====================================================== Ravindra Yadav @ Ravindra Kumar S/O Madan Yadav R/O Village- Konhi, P.S.- Murar, Distt- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bagen Gola P.S. Case No. 82 of 2022 registered for the offence under Section 364, 120-B, 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.08.2022.
The allegation against this petitioner is to commit murder of son of informant along with other co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was falsely implicated in this case,
Patna High Court CR. MISC. No.71668 of 2022(3) dt.19-06-2023 2/3 where the present F.I.R. was lodged with a delay of seven days without having any just explanation. It is submitted that save and except self confession of this petitioner, no incriminating material was available or collected during the course of investigation to connect petitioner, prima facie, with present occurrence. It is submitted that even from the statement of independent witnesses, as available in para 56 and 57 of the case diary the maximum what appears incriminating is of "last seen" against this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposed the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except self confession and "last seen" nothing survives against this petitioner to connect, prima facie, with present occurrence coupled with the fact that charge-sheet has been submitted, accordingly the petitioner, above named, is directed to be released on bail in connection with Bagen Gola P.S. Case No. 82 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.71668 of 2022(3) dt.19-06-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T