Dipak Kumar @ Ravi @ Ravi Kumar vs The State Of Bihar
2021 Latest Caselaw 146 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31825 of 2020
  Arising Out of PS Case No.-39 Year-2020 Thana- BITHAN BAZAR District- Samastipur
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Dipak Kumar @ Ravi @ Ravi Kumar, age -18 years, Male Son of Jai Prakash Gupta, Resident of Village- Bariyarpur, P.S.- Balia, District- Begusarai.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar No1, Advocate For the State : Mr. Aditya Narayan Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-01-2021

Heard Mr. Mukesh Kumar No.1, learned counsel for the

petitioner and Mr. Aditya Narayan Singh No. 1, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Bithan

PS Case No. 39 of 2020 dated 07.04.2020 instituted under

Sections 323/341/342/364/504/ 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he was a

member of the kidnapping gang which had abducted and taken the

informant and due to information to the police by the public when

the police reached the spot, the kidnappers has run away and with

the help of the public the petitioner was among the five persons

who is said to have been caught at the spot on 03.04.2020.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated as would be clear from the fact that the Patna High Court CR. MISC. No.31825 of 2020 dt.15-01-2021

kidnapping is said to have taken place on 03.04.2020, but the FIR

was lodged on 07.04.2020. It was further submitted that there is no

explanation for the delay and further, that the petitioner was

returning to his home after meeting his relatives and at the place of

occurrence, as a crowd had gathered, he was also standing and was

caught. It was submitted that the petitioner did not belong to the

locality and that is why due to mistake, he was also presumed to be

one among the abductors. Learned counsel submitted that the

petitioner is in custody since 03.06.2020 though, he has been

falsely implicated in three other cases and is a young person aged

about 18 years.

5. Learned APP, from the case diary, submitted that the

petitioner was caught at the place of occurrence. However, he

fairly submitted that there is no explanation with regard to the

delay in lodging of the FIR.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned SDJM, Rosera in

Bithan PS Case No. 39 of 2020, subject to the conditions (i) that

one of the bailors shall be a close relative of the petitioner, (ii) that Patna High Court CR. MISC. No.31825 of 2020 dt.15-01-2021

the petitioner and the bailors shall execute bond with regard to

good behaviour of the petitioner, and (iii) that the petitioner shall

also give an undertaking to the Court that he shall not indulge in

any illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

8. However, this order is subject to the main

application supported by affidavit being e filed in this Court by

learned counsel for the petitioner latest by day after tomorrow.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T