Allowed¶20

Ravi Ranjan Kumar v. the State of Bihar

Patna HC29 Feb 2024CR. MISC./2491/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 379 IPC; theft of motorcycle; F.I.R. against unknown persons; false implication; confessional statement taken forcibly; Gardanibagh P.S. Case No. 422 of 2022; Gardanibagh P.S. Case No. 525 of 2022; criminal antecedent; parity with co-accused; Cr. Misc. No. 60312 of 2023; bail bond Rs. 25,000; two sureties; Section 438(2) Cr.P.C.; Patna High Court; Anjani Kumar Sharan; 29-02-2024; Arun Kumar; Gulnar Begum.

What did the court decide?

Prayer for bail allowed: petitioner to be released on bail in the event of his arrest or surrender within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below (or Successor Court) in connection with Gardanibagh P.S. Case No.422 of 2022, subject to the conditions under Section 438(2) Cr.P.C.

Ravi Ranjan Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Gardanibagh P.S. Case No. 422 of 2022 registered for the offence punishable under Section 379 IPC (theft of a motorcycle), should be released on bail in the event of his arrest or surrender before the Court below.

¶13

Court's answer

Having regard to the facts and circumstances, the Court directed that the petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within six weeks from the date of the order, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each; in stating its reasoning the Court recorded that the injury was found simple in nature.

¶18

Ratio / Principle

The bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C., with the bonds to be furnished to the satisfaction of the learned Court below where the case is pending (or its Successor Court), in connection with Gardanibagh P.S. Case No.422 of 2022.

¶20

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Cr. Misc. No. 2491 of 2024, decided 29-02-2024 (Anjani Kumar Sharan, J): bail granted to Ravi Ranjan Kumar apprehending arrest in Gardanibagh P.S. Case No. 422 of 2022, offence punishable u/s 379 IPC (F.I.R. lodged against unknown persons for theft of motorcycle; petitioner not named in the F.I.R., his name surfacing via a confessional statement in Gardanibagh P.S. Case No. 525/2022 alleged to have been taken forcibly by police). Released on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, within six weeks, to the satisfaction of the Court below, subject to Section 438(2) Cr.P.C. Court noted the injury was found simple in nature; petitioner had one similar criminal antecedent and no incriminating article recovered from him; similarly situated co-accused already bailed, one of them granted anticipatory bail by a co-ordinate Bench in Cr. Misc. No. 60312 of 2023 (16.10.2023).

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2491 of 2024

¶2

Arising Out of PS. Case No.-422 Year-2022 Thana- GARDANIBAG District- Patna

¶3

====================================================== RAVI RANJAN KUMAR S/O SRI JITENDRA SINGH R/O VILLAGEGULZARBAGH KARPI, BEHIND HANUMAN MANDIR, P.S- KARPI, DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶8

====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar For the Opposite Party/s : Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶9

2 29-02-2024 Perused the Office Notes.

¶10

Learned counsel for the petitioner submits that he will remove the defect(s) pointed out by the office in course of day and prays to argue the matter on merit under the heading “Orders on Office Notes” itself.

¶11

As prayed for, this case is being heard on merit.

¶12

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶13

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 379 of the IPC.

¶14

As per the prosecution case, F.I.R. has been lodged against unknown persons for theft of motorcycle.

¶15

Patna High Court CR. MISC. No.2491 of 2024(2) dt.29-02-2024 2/3

¶16

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. Petitioner is not named in this case and his name transpired in this case on the basis of his confessional statement in one Gardanibagh P.S. Case No.525/2022 but the said statement was taken forcibly by the police. The similarly situated co-accused, whose names transpired in this case on their confessional statements have been granted bail by the Court below itself. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has one criminal antecedent of similar nature of offence and one of the coaccused has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No.60312 of 2023 dated 16.10.2023.

¶17

Learned APP for the State opposed the prayer for bail.

¶18

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like

¶19

Patna High Court CR. MISC. No.2491 of 2024(2) dt.29-02-2024 3/3

¶20

amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gardanibagh P.S. Case No.422 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶21

(Anjani Kumar Sharan, J)

¶22

pallavi/-

¶23

U T

Ravi Ranjan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ravi Ranjan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Santosh Kumar @ Santosh Kumar Tripathi Vs The State of Bihar

Sunil Kumar Vs The State of Bihar

Ram Chandra Prasad Vs The State of Bihar

Syed Wasif Hassan @ Sd. Wasif Hassan Vs The State of Bihar

Rohit Tanti Vs The State of Bihar

Nand Kishore Mahto Vs the State of Bihar