Patna High CourtCR. MISC./16225/2021bail granted

Ranu Kumar @ Renu v. The State Of Bihar

2021-06-29Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16225 of 2021 Arising Out of PS. Case No.-161 Year-2019 Thana- PATNA GRP CASE District- Patna ====================================================== RANU KUMAR @ RENU Son of Pawan Mandal @ Bablu Resident of Village - Adarsh Nagar, P.s.- Sultanganj, Distt.- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with G.R.P. (Bakhtiyarpur/Barh) P.S. Case No. 161 of 2019 registered for the offences punishable under Sections 307, 353, 504, 414 of the Indian Penal Code, Section 25(1-b)a/26/35 of the Arms Act and Sections 145, 147, 152 of Railways Act.

Learned counsel for the petitioner submits that as per the prosecution story the informant saw some miscreants at platform no. 4 distributing some articles among themselves. When they saw the informant and other police personnel, they started fleeing away but on chase four accused persons were apprehended including this petitioner and three accused persons were managed to escape. On search, one live cartridge, cash,

Patna High Court CR. MISC. No.16225 of 2021(2) dt.29-06-2021 2/3 mobile phone, two gold rings and gold earring were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case. It is submitted that the similarly situated co-accused have been granted bail and the case of the petitioner stands on similar footing. The petitioner is in custody since 21.10.2019. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein learned counsel for the petitioner submitted that the co-accused similarly situated have been granted bail vide Annexure '2 series' to the present application and the petitioner is in custody since 21.10.2019, investigation against him is complete but the trial has not yet begun, this Court directs release of the petitioner on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna in connection with G.R.P. (Bakhtiyapur/Barh) P.S. Case No. 161 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under: (a) that such person shall attend in accordance with

Patna High Court CR. MISC. No.16225 of 2021(2) dt.29-06-2021 3/3 the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During the Pandemic Period'.