Ravi Kumar @ Ravikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82368 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Ravi Kumar @ Ravikant Kumar S/O Uday Singh @ Uday Yadav R/O Mirdahachak, P.S. Salimpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Kumari, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner is an accused in connection with Salimpur P.S. Case No.79 of 2022 registered under Sections 302 and 120(B) of the I.P.C.
3. As per prosecution case, it is alleged that the husband of the informant, who was working in Shah Company as security guard, was murdered by the owner of the said Company and the employees, namely, Dhiraj Kumar and Nitish Kumar due to the reason that her husband protested different types of illegal trade in the Company.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. There is delay in lodging
Patna High Court CR. MISC. No.82368 of 2023(2) dt.10-01-2024 2/3 F.I.R. and inquest report and postmortem was conducted by the prosecution before lodging F.I.R. Similarly situated co-accused Nitish Kumar has already been granted bail by a coordinate bench of this Court vide order dated 27.07.2023 passed in Cr. Misc.No.32933 of 2023. It is further submitted that the case of the petitioner stands on better footing than the co-accused Nitish Kumar as he was named accused though the petitioner is not named in the F.I.R. The petitioner's name has surfaced in this case later on. Petitioner has no criminal antecedent and he is in custody since 15.09.2023.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the fact that similarly situated co-accused has already been granted bail by a coordinate bench of this Court, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Barh in connection with Salimpur P.S. Case No.79 of 2022 subject to the following conditions: (i) 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 Court and
Patna High Court CR. MISC. No.82368 of 2023(2) dt.10-01-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (ii) 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.
(Sunil Dutta Mishra, J) Harish/- U T