Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12467 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== RANJIT KUMAR Son of Late Nagendra Prasad Resident of VillageAkbarpur, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rikesh Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code.

As per allegations in the F.I.R., it is stated by the informant that on receiving a phone call from his cousin brother, the petitioner herein, the informant's younger brother proceeded from the house but did not return. It is stated that on search, the petitioner informed that he had received a phone call at Kurtha bus stand that the programme had been postponed and he returned. Thereafter, the dead body of the informant's brother

was found. A suspicion is raised by the informant against the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. Even from reading of the F.I.R. together with the material that has transpired in course of investigation, an unfounded suspicion has been raised against the petitioner. No incriminating material has transpired to connect the petitioner with the alleged crime. Even the so called confessional statement of the petitioner made before police does not contain any incriminating material. The petitioner is in custody since 9.7.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material that has transpired in course of investigation together with the petitioner having remained in custody for about 1 year, the Court directs the petitioner to be enlarged on bail in connection with Kurtha (Manikpur) P.S. Case no.141 of 2020 on furnishing bail bond of Rs.10,000/

(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge V, Jehanabad.

(Partha Sarthy, J) Saurabh/- U T