Patna High CourtCR. MISC./9064/2019bail granted

Ranjay Kumar v. The State Of Bihar

2019-02-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9064 of 2019 Arising Out of PS. Case No.-483 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ranjay Kumar, aged about 25 years (Male), Son of Devnath Chaudhary, Resident of Village- Maudaha Buzurg, P.S- Patepur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.12.2018 in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.

The prosecution case is that a secret information was received that certain miscreants are planning to commit dacoity, subsequently a raid was laid when two persons were apprehended, who disclosed their name as Abhishek Kumar and Vishal Kumar, who disclosed the name of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner was not apprehended from the spot and there is no recovery from the possession of the petitioner. A statement

Patna High Court Cr.Misc. No.9064 of 2019(2) dt.15-02-2019 2/2 has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang on confessional statement of the co-accused. Considering the fact that there is no recovery from the petitioner and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge 1st (West) -cumA.C.J.M., Muzaffarpur in connection with Sahebganj P.S. Case No. 483 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T