Ravikant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2039 of 2019 Arising Out of PS. Case No.-502 Year-2018 Thana- ARARIA District- Araria ====================================================== Ravikant Prasad S/o. Late Ram Pratap Singh, R/o. Peshaur, P.S. Rahui, District- Nalanda (Bihar).

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarveshwar Tiwary, Advocate For the Respondent/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/409/420/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is inordinate and unexplained delay of about 8 years in institution of the FIR. Several other co-accused having more or less identical allegation have already been granted pre-arrest bail by this Court. He has produced orders passed in Cr. Misc. Nos.73921 of 2018, 62847 of 2018 and 77742 of 2018 in order to substantiate his contention that coaccused Srikant Mandal, Rajanandan Kumar @ Rajnandan Kumar, Raj Ballabh Yadav @ Raj Ballabh Yadav, Md. Manzar

Patna High Court Cr.Misc. No.2039 of 2019(2) dt.15-01-2019 2/2 Naim @ Md. Manzar Nayeem and Dinesh Chaupal have been granted pre-arrest bail by different co-ordinate Benches of this court.

Learned counsel for the State does not dispute the fact that other co-accused having more or less identical allegation have been granted pre-arrest bail by different Benches of this Court.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Araria Police Station Case No. 502 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T