Ranjeet Kr. Yadav @ Ranjeet Kr. Raja @ Ranjeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11157 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Ranjeet Kr. Yadav @ Ranjeet Kr. Raja @ Ranjeet Kumar Yadav S/O Jaychandra Singh @ Jaychand Singh Yadav R/V- Koshkapur Uttar, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2023 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the bail petition during the course of the day.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 03.11.2022 in connection with Raniganj P.S. Case No. 375 of 2022 , F.I.R. dated 02.11.2022 for the offences punishable under Sections 399, 402 of the Indian Penal Code and under Section 25 (1-b)A/26/35 of Arms Act.

According to prosecution case, On 02.11.2022 the informant alongwith his colleague police personnel on day of patrolling when came at Raniganj market at around 1:15 P.M., he received secret input about assembling of criminals preparing to commit crime in the house of petitioner Rupesh Kumar who

Patna High Court CR. MISC. No.11157 of 2023(2) dt.04-05-2023 2/3 is also equipped with fire arms, then informant informed second patrolling party to conduct joint operation and then the joint team raided the premises of petitioner where seeing the police party, the culprit started running from there but on chase, 07 culprits were caught.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the FIR as well as seizure list that no incriminating article has been recovered from the conscious possession of the petitioner rather recovery has been made from the other co-accused person. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 03.11.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.11157 of 2023(2) dt.04-05-2023 3/3 the like amount each to the satisfaction of the learned S.D.J.M. Araria, in connection with Raniganj P.S. Case No. 375 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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.

(Rajesh Kumar Verma, J) Aditi/Vikas U T