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Patna High CourtCR. MISC./48936/2015bail granted

Ranjeet Pandey @ Ranjeet Pandit v. The State Of Bihar

2015-11-04Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48936 of 2015 Arising Out of PS.Case No. -717 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Ranjeet Pandey @ Ranjeet Pandit Son of Sri Krishna Pandey, Resident of Village - Bhagwanpur Patahi, P.S. - Sadar, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Nitu Kumari, Advocate For the Opposite Party/s : Mr. Veena Kumari Jaiswal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

Three motorcycle ridden criminals intercepted the informant, Md. Munna who was on motorcycle in a way to deposit Rs. 49,000/- in a bank, pushed him and then the miscreants snatched the bag containing the amount. He raised alarm attracting persons who chased them. During said course, the first person who was carrying the bag shifted it to another who was also chased then he shifted the bag to the third one, who was on motorcycle, and he fled away with the bag.

It has been submitted on behalf of the petitioner that petitioner has been apprehended on wrong identification. Furthermore, improbability of the case has also been highlighted. Had there been presence of three criminals out of

Patna High Court Cr.Misc. No.48936 of 2015 (2) dt.04-11-2015 whom, two got down from the motorcycle, then in that event, the persons who assembled at the place of occurrence might have chased the third one also because of the fact at that very time, he was not moving on the motorcycle.

Furthermore, petitioner is under custody since 13.08.2015 having absence of criminal antecedents. Learned APP opposed the prayer for bail and submitted that petitioner was apprehended at the spot, though fairly submitted that from the order impugned also there happens to be absence of criminal antecedent.

Accordingly, petitioner, Ranjeet Pandey @ Ranjeet Pandit is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur PS Case No. 717/2015. (Aditya Kumar Trivedi, J) perwez U T