Ravi Kushwaha @ Ravi Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72771 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- DINARA District- Rohtas ====================================================== RAVI KUSHWAHA @ RAVI SHANKAR SINGH Son of Ramdhari Singh Resident of Village - Karanj, P.S.- Dinara, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.
Informant has alleged in her written complaint that on 27.07.2019 at about 2:00 p.m., FIR named accused including petitioner reached her cultivable field and prevented her family members from sowing paddy in the field claiming that it belongs to them, however, her brother-in-law protested and stated that field belongs to them upon which there is allegation against Ashok Pandey of firing upon him which hit above eyebrow as well as his left shoulder.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he had a poultry form in said disputed field. There is no allegation of
Patna High Court CR. MISC. No.72771 of 2019(2) dt.21-01-2020 2/3 any over act against him. The Sessions Judge in his order while rejecting the bail application has found that injuries sustained by victim is simple in nature. Petitioner has got no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dinara P.S. Case No.207 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.72771 of 2019(2) dt.21-01-2020 3/3 to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T