Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7803 of 2020 Arising Out of PS. Case No.-953 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Ranjit Kumar S/o Late Dilip Sah Resident of Azad Nagar, Ward No. 12, P.O. and P.S. and District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-06-2020 The matter has been taken up through virtual court proceeding.

Heard learned counsels for the petitioner and the State.

The petitioner, who is languishing in custody since 12.11.2019, has preferred the present application for grant of bail in a case registered for the offences punishable under Sections 302/34 of the IPC.

The prosecution case, as per the fardbeyan of Janki Devi, recorded by Arun Kumar Singh, A.S.I. of Madhepura Police Station on 12.11.2019 at 8.05 A.M., at Sadar Hospital, Madhepura is to the effect on 11.11.2019 in the night the informant went to feed his son Ranjeet Kumar when she saw that her son Ranjeet Kumar was taking liquor in the company of

Patna High Court CR. MISC. No.7803 of 2020(3) dt.01-06-2020 2/3 all the accused persons including the petitioner. In the next morning when she went to wake up his son, she found her son dead with bleeding injury on his neck when it was suspected that all the accused persons including the petitioner after snatching Rs. 1,50,00,000/- killer her son.

It is submitted by learned counsel for the petitioner that from the FIR, it appears that the informant is not the eyewitness to the alleged occurrence and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that there is no recovery from the possession of the petitioner, particularly the money which is alleged to have been snatched from the son of the informant. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is based on strong circumstantial evidence.

Considering the suspicious nature of accusation, period under custody and the investigation being already concluded and the petitioner having no criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one

Patna High Court CR. MISC. No.7803 of 2020(3) dt.01-06-2020 3/3 surety to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 953 of 2019.

However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 953 of 2019.

The learned Court below will be at liberty to extend the further period of provisional bail if the lockdown is not over in next three months.

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