The court has the discretion to grant bail to an accused person if it is satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence charged or that he is not likely to commit any offence while on bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51771 of 2022

Arising Out of PS. Case No.-662 Year-2021 Thana- BIHAR District- Nalanda

======================================================

Ravi Kumar, aged about 25 years, Male, S/o Dinesh Paswan R/o Mohalla-

Mohiudinpur, P.S.- Bihar, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

3

11-01-2023

Heard learned counsel for the petitioner and the learned APP

for the State.

The petitioner seeks bail in connection with Bihar P.S. Case

No. 662/2021 registered for the offence punishable under Sections

341, 323, 420, 379, 386, 34 of the Indian Penal Code (for brevity

‘IPC’)

There is allegation that the informant was on his way home

after closing down his cyber cafe, when he has been lynched by some

persons after they have blindfolded him. They have taken him in the

field, snatched Rupees one lakh and fifty thousand (1,50,000/-) and

forced him to make electronic transfer of some more funds.

It is submitted by the petitioner’s counsel that the petitioner has no

connection with the alleged occurrence. The account number referred in

the First Information Report (for brevity ‘F.I.R’) and seizure list is not of

the petitioner. He is not the beneficiary of any of the alleged

transactions. Petitioner’s name has been dragged in this case because his

mother has earlier filed complaint case No. 822/2021 against the

informant. There is no recovery from the petitioner of any incriminating

material. Charge-sheet has already been submitted and petitioner has

not been put on Test Identification Parade (for brevity ‘T.I.P’). He is

Patna High Court CR. MISC. No.51771 of 2022(3) dt.11-01-2023

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in custody since 31.01.2022. Petitioner is acquitted in two out of

three cases mentioned in paragraph No. 3 of the bail petition, and in

the third case he is on bail.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, the fact of lodging of

compliant case no. 822/2021 by the petitioner’s mother and the

period of custody, this Court, for the purposes of grant of bail, is

inclined to accept the submissions advanced by the petitioner’s

counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on

furnishing bail bond of Rs. 10,000/– (Ten thousand) with two sureties

of the like amount each to the satisfaction of the learned C.J.M.

Nalanda, in connection with Bihar P.S. Case No. 662/2021, 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 be well represented

on each date and if he fails to do so on two

consecutive dates, his bail bond will be liable to

be cancelled.

rajkishore/-

(Madhuresh Prasad, J)

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