Patna High Court - Orders
Ravi Kumar @ Yogendra Yadav vs The State Of Bihar on 6 June, 2022
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53983 of 2021
Arising Out of PS. Case No.-68 Year-2020 Thana- MAHKAR District- Gaya
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RAVI KUMAR @ YOGENDRA YADAV, S/O LAKHAN YADAV @ RAM
LAKHAN YADAV RESIDENT OF VILLAGE- DHANSINGRA, P.S.-
MAHKAR, DISTRICT-GAYA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Binod Kumar
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-06-2022Heard the learned counsel for the petitioner and the State.
The present petition has been filed on behalf of the petitioner, namely, Ravi Kumar @ Yogendra Yadav, in anticipation of his arrest, in connection with Mahkar P. S. Case No. 68 of 2020, registered for the offences punishable under Sections 341, 342, 325, 308, 504, 506 and 34 of the Indian Penal Code.
As per the allegation, the accused persons assaulted the labourers, who had been hired by the informant for plantation, and when his nephew came to rescue them, he was also assaulted by them. It has further Patna High Court CR. MISC. No.53983 of 2021(2) dt.06-06-2022 2/4 been alleged that on 14.07.2020 also, he was assaulted by the accused persons by lathi, danda, fists and slaps, when he was going to his filed.
The learned counsel for the petitioner has submitted that there is no specific allegation of assault against the petitioner and there is no independent witness to the alleged occurrence. It has further been submitted that the alleged injuries are simple in nature.
It is also stated in paragraph no. 2 of the petition that no similar petition has been earlier filed by the petitioner either before this Court or before Hon'ble Apex Court.
It has further been stated that the petitioner has no criminal antecedent.
The learned APP for the State has opposed the prayer for bail.
Considering the afore-stated facts and circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on Patna High Court CR. MISC. No.53983 of 2021(2) dt.06-06-2022 3/4 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IX, Gaya, in connection with Mahakar P. S. Case No. 68 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly. The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the Patna High Court CR. MISC. No.53983 of 2021(2) dt.06-06-2022 4/4 certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/-
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