Ravikesh Kumar @ Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.495 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- NAGAR District- Vaishali ====================================================== RAVIKESH KUMAR @ ANIKET KUMAR S/O Jay Prakash Ray R/O Village- Matihani, P.S- Paru, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 470 of 2022 dated 23.06.2022 registered for the offence under Sections 396 of the Indian Penal Code.

Two miscreants are alleged to have committed loot in the jewelry shop of the informant on the point of pistol after assaulting the husband of the informant. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his

Patna High Court CR. MISC. No.495 of 2023(2) dt.19-04-2023 2/3 name transpired in this case on the basis of confessional statement of the co-accused, Rashid Latif @ Rashid Khan. He further submits that nothing incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. The petitioner has been remanded in this case from Hajipur Town P.S. Case No. 633 of 2022 on 08.09.2022 and since then he is rotting in judicial custody.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one in which he is on bail.

Considering the facts and circumstances of the case, let the, above named, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 470 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.495 of 2023(2) dt.19-04-2023 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T