Ranjan Singh @ Mama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2913 of 2023 Arising Out of PS. Case No.-116 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== RANJAN SINGH @ MAMA S/o Late Firangi Singh R/o Village- Patkhauli, Police Station-Patkhauli, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, when the informant was busy in the office work, four unknown miscreants entered into the office armed with pistol and looted cash of Rs. 1,01,400/- from the cash counter and also looted mobile and cash of Rs. 10,300/- of one customer and fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.2913 of 2023(7) dt.31-10-2023 2/3 case by the police on the basis of his previous criminal antecedents. Neither the petitioner is named in the F.I.R. nor put on T.I.P. He has been made accused in this case during course of investigation only on the basis of confessional statement of co-accused before the police which has no evidentiary value in the eye of law. Nothing has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 28.07.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 116 of 2020 on following conditions:-

(1) The petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reasons,

Patna High Court CR. MISC. No.2913 of 2023(7) dt.31-10-2023 3/3 his bail bond shall be cancelled by the Court below. (ii) If the petitioner tamper with the evidence or threaten the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the Court below.

(Sunil Kumar Panwar, J) lata/- U T