Ravi Kumar Panday v. The State of Bihar
Case at a glance
- Bench
- P B BAJANTHRI
Outcome
Bail granted
Accordingly, regular bail is granted to the petitioner
Provisions considered
- Indian Penal Code, 1860 ss. 34, 414
- Code of Criminal Procedure, 1973 s. 439
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s: ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Mr. Bijendra Kumar, Advocate Mr. Rabindra Kumar, APP ORAL ORDER 2 09-12-2022 This matter is heard via video conferencing. In the instant petition, petitioner has sought for regu- lar bail in Rail P.S. Ara Case No. 81 of 2022 for the offences un- der Section 414/34 of the Indian Penal Code. It is alleged that he is involved in Rail Police Ara Case No. 81 of 2022 for the of- fences under Section 414/34 of IPC and he is in custody since
Operative part
31.05.2022. He had filed bail application vide B.P. No. 4646 of 2022 on the file of Additional Sessions Judge-XIII, Bhojpur, Ara and it was rejected on 10.08.2022. Hence, the present regu- lar bail petition under Section 439 Cr.P.C. The Additional Ses- sions Judge-XIII, Bhojpur at Ara has recorded its finding as un- der:- "Considering the nature of the of- fence and the above-mentioned facts and circumstances, I am not inclined to enlarge Patna High Court CR. MISC. No.53702 of 2022(2) dt.09-12-2022 the petitioner on bail at this stage. Accord- ingly, the prayer for bail of the petitioner Ravi Kumar Pandey in connection with Rail Police Station Case No. 81 of 2022 stands rejected. However, considering this fact that no criminal history is mentioned in the case diary against the petitioner, the petitioner would be at liberty to review his prayer for bail if the trial of the case would not be con- cluded within a period of sixty days from the first date fixed for taking evidence in the case. " In the light of of the observations made by the Addi- tional Sessions Judge-XIII, Bhojpur at Ara the petitioner has made out a prima facie case for granting regular bail since trial has not yet concluded. Further, in para 36 of the case diary, it is stated that he is not involved in any other case, thus, he has made out a case for granting regular bail. Accordingly, regular bail is granted to the petitioner namely Ravi Kumar Pandey on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties to the satis- faction of Chief Judicial Magistrate, Ara in connection with Rail Police Station Ara Case No. 81 of 2022 with the following con- ditions:-
The petitioner shall co-operate in investigation and in conclusion of the trial.
He shall remain present on each and every date of trial till conclusion of trial. Patna High Court CR. MISC. No.53702 of 2022(2) dt.09-12-2022
He shall not try to tamper with the evidence or in- timidate the witness to delay the conclusion of trial.
In the event of default of two consecutive dates without any valid reasons, his bail bonds is liable to be can- celled.
The Court below shall verify the criminal an- tecedent of the petitioner and in the case, at any stage, it is found that petitioner had concealed his criminal antecedent, the court below or investigating authority shall take immediate step for cancelling bail bond of the petitioner. However, acceptance of bail bonds, in terms of the aforementioned order shall not be delayed for this purpose or in the name of verification. Vikash/- U T (P. B. Bajanthri, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, regular bail is granted to the petitioner
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 414; Code of Criminal Procedure, 1973 — s. 439.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.