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Patna High CourtCR. APP (SJ)/233/2023allowed

Ravindra @ Ravindra Kumar v. The State Of Bihar

2023-07-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.233 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== Ravindra @ Ravindra Kumar S/O Bigan Chandravanshi R/V- Mitrasenpur, P.S.- Tilauthu, District- Rohtas ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Suresh Ram S/O Late Katwaru Ram R/V- Mitrasenpur, P.O.- Maharajganj, P.S.- Tilauthu, District- Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Surendra Kumar Choubey For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 11.10.2022 passed by learned Additional District & Sessions Judge-XVII-cum-Special Judge, SC/ST Act, Sasaram, Rohtas in connection with Tilauthu P.S. Case No. 107 of 2022 instituted for the offences punishable under Sections 457, 380, 302, 34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected. It is alleged by the informant that his wife has

Patna High Court CR. APP (SJ) No.233 of 2023(3) dt.20-07-2023 2/3 been murdered by the appellant and other F.I.R named accused persons after robbing cash of Rs. 15,000/-which was kept beneath the bed.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and due to previous enmity, the appellant and his other family members have been implicated in the present case. During investigation, no substantial material evidence has been collected to connect the appellant with the present offence. The appellant is in custody since 10.06.2022.

Learned counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 11.10.2022.

Patna High Court CR. APP (SJ) No.233 of 2023(3) dt.20-07-2023 3/3 Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XVII-cum-Special Judge, SC/ST Act, Sasaram, Rohtas in connection with Tilauthu P.S. Case No. 107 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T