Ravi Ranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3578 of 2023 Arising Out of PS. Case No.-439 Year-2021 Thana- MANJHI District- Saran ====================================================== Ravi Ranjan Singh S/O Bashist Narayan Singh R/O Village- Nawada, P.S.- Rivilganj, Distt- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Manjhi P.S. Case No.439 of 2021 registered for the offence under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 17.02.2022.
The allegation against the petitioner is to commit murder of father of informant alongwith other named coaccused persons by causing firearm injury. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case as an afterthought for the reason that informant
Patna High Court CR. MISC. No.3578 of 2023(3) dt.20-06-2023 2/3 who is claiming to be an eye-witness of the present occurrence failed to name this petitioner. It is submitted that on the basis of confessional statement of co-accused, namely Shiva Singh, petitioner is named in this case and subsequently remanded from Manjhi P.S. Case No.447 of 2021. It is submitted that on the basis of same confessional statement petitioner is named in 8 more cases on the same very day, which reflects itself police atrocities towards petitioner. It is submitted that in the same manner petitioner found involved in rest of the cases without having any incriminating evidence, on the sole basis of confessional statement, as of the present case.
It is pointed out that during the course of investigation no incriminating material recovered/surfaced which may connect petitioner, prima facie, with the present occurrence except confessional statement. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that petitioner found involved in 22 more criminal cases.
In view of the facts and circumstances as mentioned
Patna High Court CR. MISC. No.3578 of 2023(3) dt.20-06-2023 3/3 above as informant claiming to be an eye-witness of the occurrence failed to name this petitioner, where during the course of investigation save and except confession of coaccused, namely Shiva Singh, no incriminating material surfaced to connect petitioner, prima facie, with the present occurrence of murder coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 17.02.2022, let above named petitioner is directed to be released on bail in connection with Manjhi P.S. Case No.439 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Saran, Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T