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Patna High CourtCR. MISC./3463/2025bail granted

Ranjan Kumar @ Ranjan Gope v. The State Of Bihar

2025-02-05Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3463 of 2025 Arising Out of PS. Case No.-120 Year-2022 Thana- BIKRAM District- Patna ====================================================== Ranjan Kumar @ Ranjan Gope S/o Ram Iqbal Yadav @ Ram Iqbal Gope R/o Mohalla - Moghalpura, Barkat Khan Ka Akhada, P.S. - Khajekalan, Distt. - Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sourendra Pandey, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Bikram P.S. Case No. 120 of 2022 registered for the offences punishable under Sections 307, 34 of the Indian Penal Code and section 27 of the Arms Act. He has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to open fire upon the informant causing fire-arm injury along with named and other unknown accused persons, where occurrence alleged to be arising out of land dispute.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.3463 of 2025(3) dt.05-02-2025 2/3 petitioner submitted that name of petitioner transpired, during the course of investigation, on the basis of confessional statement of co-accused Ankit Patel, wherein it has been stated that this petitioner was a hired killer in connection with the present offence and he was hired by named co-accused persons namely, Ravi Kumar and Abhay Kumar. It is pointed out that if confession of this co-accused be accepted on its face for a moment, then, there is no occasion for the coaccused Ravi Kumar and Abhay Kumar to open fire themselves upon the informant. It is further submitted that thrust of allegation of firing is available against named coaccused Ravi Kumar and Abhay Kumar.

5. While concluding argument, it is submitted that one of the reason for implication of this petitioner with the present crime in question is suspicion arising out of his criminal antecedent, as he found further involved in five more criminal cases, wherein he is on bail, and, in maximum of cases, the name of petitioner transpired on the basis of confessional statement of co-accused as of the present case having otherwise no evidentiary value under the law.

Patna High Court CR. MISC. No.3463 of 2025(3) dt.05-02-2025 3/3

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. In view of the aforesaid factual submissions and by taking note of the fact as save and except suspicion arising out of confessional statement of co-accused, where the allegation of firing is specific against named co-accused persons i.e. Ravi Kumar and Abhay Kumar, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur/concerned court in connection with Bikram P.S. Case No. 120 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T