Patna High Court - Orders
Ravi Kumar vs The State Of Bihar on 19 September, 2017
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45164 of 2017
Arising Out of PS.Case No. -10 Year- 2017 Thana -BIHARSHARIF RAIL P.S. District- PATNA
======================================================
1. Ravi Kumar Son of late Arun Choudhary Resident of Village- Suidapur/
Saidpur, P.S. Hisua, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary
For the Opposite Party/s : Mr. Sri Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 19-09-2017Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 342, 325, 307, 353 333, 379, 427, 436 of Indian Penal Code, Section 27 of Arms Act, Sections ¾ of Prevention of Damage of Public Property Act and Sections 145, 146, 147, 150, 153 of Railway Act.
Counsel for the petitioner submits that the first information report alleges protest of 1000 to 1500 students. It is submitted that the petitioner has been falsely implicated in this case. He is student and living in Biharsharif lodge for preparation of his competitive examination. He has been caught near the road merely because be was a bystander ro witness the occurrence. He Patna High Court Cr.Misc. No.45164 of 2017 (2) dt.19-09-2017 2/3 is in custody since 11.07.2017. he submits that out of same occurrence, two cases have been lodged. The other being Bihar PS Case No 351 of 2017 and in that case, he has already been allowed bail. Other than the cases mentioned in the instant petition, there is no other criminal antecedent against the petitioner.
Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Patna in GRP Biharsharif Police Station Case No 10 of 2017 subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, Patna High Court Cr.Misc. No.45164 of 2017 (2) dt.19-09-2017 3/3 his bail will be liable to be cancelled for reasons of misuse.
(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./-
U T