Patna High Court – Orders
Ravi Kumar @ Ravi Sarkar vs The State Of Bihar on 17 January, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68864 of 2024
Arising Out of PS. Case No.-182 Year-2024 Thana- SAHPUR District- Patna
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1. Ravi Kumar @ Ravi Sarkar Son of Mansaheb Resident of Village - Khurd
Usri, Shivala, P.S. - Shahpur, District - Patna
2. Yoje Sarkar @ Ulta @ Ujit Kumar Son of Yogendra Prasad Resident of
Village - Mahamdpur, Kurji, P.S. - Phulwari Shariff, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Kumar
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 17-01-2025
1. Learned Counsel for the petitioners informs that the
petitioner no. 2 has been arrested by the police during the
pendency of this application and this application, so far as
petitioner no. 2 is concerned, has become infructuous.
2. Accordingly, this application, so far as petitioner no. 2, is
concerned, is dismissed as having become infructuous.
3. This application will now survive only for petitioner no.
1.
4. Heard learned Counsel for the petitioner no. 1 and learned
Additional Public Prosecutor for the State.
5. The petitioner no. 1 apprehends his arrest in connection
with Shahpur Police Station Case No. 182 of 2024, dated
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18.05.2024, registered for the offences punishable under
Sections 147, 148, 149, 341, 323, 307, 364, 387, 120-B of
the Indian Penal Code.
6. The prosecution case, as per the first information report,
is that his younger brother is a property dealer and on
18.05.2024, while he was sitting in his lounge (Dalan),
the accused persons including the petitioner no. 1 arrived
in two black Scorpio vehicle and started assaulting the
informant’s brother and forcibly pulled him in the Scorpio
and kidnapped him on gun point. It has further been
alleged that a few days before the alleged occurrence, co-
accused Mithlesh Singh had demanded extortion money
of Rs. 500000/- from his brother and when his brother
objected, he was threatened of dire consequences.
7. Learned Counsel for the petitioner no. 1 submits that the
petitioner has falsely been implicated in this case due to
dispute of money between the co-accused and the brother
of the informant. There is no allegation against the
petitioner in the First Information Report regarding
demand of extortion and the petitioner is neither the
owner nor driver of the Scorpio vehicle. He next submits
that the victim came back and his statement under Section
Patna High Court CR. MISC. No.68864 of 2024(4) dt.17-01-2025
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164 of the Code of Criminal Procedure, 1973 was
recorded on 25.05.2024 in which he has not disclosed the
name of the petitioner. In his statement under Section 164
of the Code of Criminal Procedure, 1973, the victim has
stated that on the date of occurrence, i.e. 18.05.2024,
while he was engaged in constructing his office along
with his two friends and his brother was also engaged in
filling soil near the boundary and was watering the newly
constructed boundary wall, in the meanwhile 10-12
persons arrived there on two Scorpio vehicles and
assaulted and kidnapped him. He next submits that there
is contradiction in the statement of the victim recorded
under Section 164 of the Code of Criminal Procedure,
1973 and the statement of the informant in the First
Information Report inasmuch as in the First Information
Report, the informant has stated that while his brother
was sitting at his Dalan on the date of occurrence the
accused persons arrived on two Scorpio vehicles, but the
victim i.e. the brother of the informant has said otherwise
that he was busy in construction along with his brother,
the accused persons arrived on two Scorpio vehicles. He
further submits that similarly situated co-accused person,
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namely, Alok Raj, has been granted anticipatory bail by
this Court, vide order, dated 22.10.2024, passed in
Criminal Misc. No. 66099 of 2024.
8. Regard being had to the submission made by the parties,
taking into consideration the fact that in the statement of
the victim recorded under Section 164 of the Code of
Criminal Procedure, 1973, he has not taken the name of
the petitioners specifically whereas he has disclosed the
name of some other accused persons involved in the
alleged occurrence and similarly situated co-accused has
been granted anticipatory bail by this Court, I am inclined
to grant anticipatory bail to the petitioner.
9. This application is, accordingly, allowed.
10. Let the petitioner no. 1, above named, be released on
anticipatory bail in the event of arrest or surrender before
the learned Court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand) with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate, 1st Class,
Danapur, Patna, in connection with Shahpur Police
Station Case No. 182 of 2024 subject to the condition as
laid down under Section 438 (2) of the Code of Criminal
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Procedure, 1973.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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