Patna High Court - Orders
Madhir Ravidas @ Swadeshi @ Ramekbal ... vs The State Of Bihar on 4 August, 2022
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25115 of 2022
Arising Out of PS. Case No.-29 Year-2019 Thana- RAJAOLI District- Nawada
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Madhir Ravidas @ Swadeshi @ Ramekbal Mochi @ Sudhirjee, Son of Late
Chandradev Ravidas Resident of Village - Dighma, P.S.- Masaurhi, District -
Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-08-2022Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with Rajauli P.S. Case No.29/2019 instituted under Sections 147, 148, 149, 337, 353, 307 of the Indian Penal Code and Section 15,18,19,20 of U.A.P. Act as well as Section 25(1-b)a, 26,27 of the Arms Act.
As per allegation, the police who is informant, has alleged upon secret information of presence of naxalite, they took search operation and arrived at Ratanpur Forest. There were firing and cross-firing, whereafter it is alleged that the naxalite retreated. However, a dead body of an unknown person along with a rifle as also 130 round of live cartridges were Patna High Court CR. MISC. No.25115 of 2022(2) dt.04-08-2022 2/3 recovered/seized near the dead body and the police alleged that he was also part of the naxalite group who was killed in the counter firing of the police.
In the FIR, the name of the petitioner has cropped up as one of the person who was in that naxalite team.
Learned counsel for the petitioner submits that he has been named in the FIR only because he has cases registered against him and has been clubbed in the category of naxalite, which resulted into his remand in the present case on 15.02.2021 (as stated in para-7 of the bail application). He as such submits that he deserve bail.
Taking into account the fact that the petitioner has not been arrested from the spot and has been remanded in this case, has been in custody since 15.02.2021 and charge-sheet stands submitted, this Court is inclined to grant him privilege of bail. However, considering the fact that he has criminal antecedents, certain conditions are necessary to be imposed.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Rajauli P.S. Case No.29/2019 to the satisfaction of learned Chief Judicial Magistrate, Nawada, subject to following conditions:
Patna High Court CR. MISC. No.25115 of 2022(2) dt.04-08-2022 3/3
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /-
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