Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5708 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== RAVINDRA KUMAR SON OF ARVIND SINGH @ ARVIND KUMAR SINGH R/O VILL.- KHILWAT, P.S.- BIDUPUR, DISTT.- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20997 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== ABHISHEK KUMAR Son of Late Nagendra Singh Resident of Village - Khilwat, P.S.- Bidupur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 5708 of 2023) For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 20997 of 2023) For the Petitioner/s :
Mr. Ashok Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
A supplementary affidavit, carrying out necessary correction in the main application, has been filed on behalf of the petitioner, which forms part of this application. The petitioners seek bail in connection with
2/4 Gangabridge P.S. Case No. 140 of 2022 registered for the offence under Sections 356 and 379 of the Indian Penal Code.
The case relates to commission of loot from the informant in which the bag of the informant is snatched by the petitioners and others.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the F.I.R. has been lodged against unidentified accused persons but during course of investigation, petitioner, Ravindra Kumar has confessed his guilt and disclosed the name of coaccused, Abhishek Kumar who is also a petitioner before this Court in Cr. Misc. No. 20997 of 2023. Save and except the self confession and disclosure made by the petitioner, Ravindra Kumar, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioners in the alleged occurrence. In fact, nothing has been recovered from the conscious possession of the petitioners nor T.I.P. has been conducted by the prosecution as yet. He further submits that the police after investigation has submitted charge-sheet in this case against the
3/4 petitioners who are rotting in judicial custody since 12.07.2022 and 15.10.2022, respectively.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that the petitioner, Ravindra Kumar carries twenty more cases other than the present one whereas petitioner, Abhishek Kumar has been made accused in five more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 140 of 2022 with the following conditions:-
(1) Petitioners 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 Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to
4/4 move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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