Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1322 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Ravish Kumar son of Naresh yadav Village Kusthan, Ward No 02, P.S. -BIHARIGANJ, District Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bihariganj P.S. Case No. 227 of 2023, lodged on 10.09.2023 under Sections 379, 411 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioner against whom there is an allegation that they have steal the vehicle of the informant's son which has been recovered near the house of other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that other co-accused person behind whose house, the said vehicle was recovered has been granted bail by this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 990

Patna High Court CR. MISC. No.1322 of 2024(4) dt.03-04-2024 2/2 of 2024. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 11.09.2023. Counsel submits that the offence in which the case has been filed is of magisterial triable.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner and other co-accused person have been identified in the CCTV footage at the time of commission of theft of the said vehicle of the informant's son.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 227 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T