Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72335 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== RAVI KUMAR Son of Nawal @ Nawal Kishor Sharma @ Tali Resident of Village- Bodipur Chiraura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Naubatpur Police Station Case No. 526 of 2021, dated 09.10.2021, disclosing offences under Sections 341/323/307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as per the First Information Report, is that the informant and her son were assaulted by the petitioner, along with other twelve named accused persons and 20 unknown persons.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics and election dispute between the two groups. He further submits that the injury caused to the informant and her son are
Patna High Court CR. MISC. No.72335 of 2022(2) dt.29-04-2023 2/3 simple in nature, which would be evident from Annexure-2 series. The allegation against all the accused persons are general and omnibus in nature and similarly situated co-accused persons, namely, Amit Kumar and Pawan Kumar, have been granted bail by a co-ordinate Bench of this Court, vide orders, dated 25.08.2022 and 22.011.2022, passed in Criminal Misc. Nos. 19151 and 35178 of 2022, respectively.
Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that injury caused to the informant and her son are simple in nature and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, Ravi Kumar, in the event of his arrest or surrender before the Court below within a period of four weeks, 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 learned Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Naubatpur Police Station Case No. 526 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal
Patna High Court CR. MISC. No.72335 of 2022(2) dt.29-04-2023 3/3 Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √