Ranjeet Kumar @ Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4942 of 2019 Arising Out of PS. Case No.-473 Year-2012 Thana- BIHTA District- Patna ====================================================== Ranjeet Kumar @ Ranjeet Chaudhary, aged about 30 years, male, Son of Late Ramadhar Chaudhary, Resident of Village - Belapur, Police StationUdawantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Rajendra Singh Shastri (App 47) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 15.05.2018 in a case registered for the offences punishable under Sections 307, 326 and 34 of the IPC and Section 27 of the Arms Act. Subsequently, Sections 302/34 of the IPC were also added later on.

The prosecution case as per the ferdbeyan of Bindeshwari Rai @ Choti recorded by SI Shrikant Bharti, Bihta Police Station on 31.12.2012 at 4.45 P.M., at PMCH, Patna is to

Patna High Court Cr.Misc. No.4942 of 2019(2) dt.30-01-2019 2/3 the effect that on 30.12.2012 at 6.00 P.M., the informant was going to irrigate his wheat field, when he reached near the orchard of Parsa Road then co-accused persons Rajesh Rai @ Bali and Dharmendra Rai fired upon the informant from the front causing bullet injury, as a result, he fell down. It is further alleged that the name of the petitioner sprang up during investigation on the confessional statement of co-accused persons.

It is submitted by learned counsel for the petitioner that in the FIR, specific accusation of firing is against the coaccused Rajesh Rai @ Bali and Dharmendra Rai and the name of the petitioner sprang up during investigation on the confessional statement of co-accused before the police, due to which the petitioner has been roped in the present case since he has criminal antecedent. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioner is involved in five other criminal case and he is on bail in all those cases, but no specific statement to that effect has been made in the petition.

Learned APP for the State submits that the name of the petitioner sprang up on the confessional statement of co-

Patna High Court Cr.Misc. No.4942 of 2019(2) dt.30-01-2019 3/3 accused and he has criminal antecedent.

Considering the fact that the specific accusation of firing is against co-accused Rajesh Rai @ Bali and Dharmendra Rai, and the name of the petitioner sprang up on the confessional statement of co-accused persons during investigation, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, Patna in connection with Bihta P.S. Case No.473 of 2012.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T