Ravish Kumar @ Ravish Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71094 of 2018 Arising Out of PS. Case No.-263 Year-2017 Thana- BARHARA KOTHI District- Purnia ====================================================== Ravish Kumar @ Ravish Kumar Patel Son of Shyam Sundar Mandal, resident of Village- Matihani, P.S. Barhara (Raghubansh Nagar), District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Sessions Trial No. 174 of 2018 CIS No. 174 of 2018 arising out of Barhara (Raghuwansh Nagar) P.S. Case No. 263 of 2017 for the offence under Sections 302, 120B, 34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that petitioner has earlier moved before this Court vide Cr. Misc. No. 15821 of 2018 and the same was rejected on 19.2.2018. He further submits that informant is not an eye witness of occurrence. He submits that his fardbeyan was recorded on the basis of information which
Patna High Court Cr.Misc. No.71094 of 2018(4) dt.10-01-2019 2/2 has gathered from the villagers.
In this case diary was called for. Learned APP appearing on behalf of the State with reference to case diary would submit that during the course of investigation materials have come which shows that the assailant was Babul Kumar Roy @ Babul Roy, the said Babul Kumar Roy @ Babul Roy was granted bail on 19.03.2018 because he was not named in the F.I.R.
Considering the totality of the facts and circumstances and period of custody of the petitioner, who is in custody since 22.12.2017, let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Purnea, in connection with Barhara (Raghuwansh Nagar) P.S. Case No. 263 of 2017.
(Anil Kumar Upadhyay, J) T.Kr./- U T