Ranjeet Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9431 of 2022 Arising Out of PS. Case No.-302 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Ranjeet Sah, S/O Shatrudhan Sah, Resident of Village- Bhanpur, P.S.- Baligaon, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pratima Kumari, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sakra P.S. Case No. 302 of 2019, registered for the alleged offences under Section 364 (A) of the Indian Penal Code.
As per the prosecution case, the son of the informant was abducted for ransom by the co-accused Rakesh Mahto. Later on, the name of the petitioner also transpired as one of the co-accused persons.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9431 of 2022(2) dt.02-08-2022 2/3 petitioner has been falsely implicated in this case and he has not been named in the FIR. The victim in his statement recorded under Section 164 Cr.P.C. did not name this petitioner as one of the accused persons, though he has named two co-accused persons for his abduction. These two co-accused persons have been granted bail by the Coordinate Benches of this Court vide order dated 16.03.2020 passed in Cr. Misc. No. 73897 of 2019 and the order dated 04.11.2020 passed in Cr. Misc. No. 24523 of 2020. The charge sheet has been submitted in this case and the petitioner is in custody since 16.04.2021.
Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedents. Having regard to the facts and circumstances of the case and the submissions made hereinabove and further considering the fact that the victim did not name this petitioner in his statement and further considering the fact that two coaccused persons, who were named in the FIR as well as in the statement of the victim, have been granted bail and also considering of the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.9431 of 2022(2) dt.02-08-2022 3/3 Additional Chief Judicial Magistrate-IV, Muzaffarpur in connection with Sakra P.S. Case No. 302 of 2019, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T