Rishi Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10215 of 2019 Arising Out of P.S. Case No.-75 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== RISHI RANJAN, aged about 32 years, Son of Late Rajesh Kumar R/o village- Fakuli, P.S- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner had earlier moved for bail in Cr.Misc.No.75674 of 2018 which was rejected on 15.01.2019 with a liberty to the petitioner to renew his prayer for bail after framing of charge. Petitioner is languishing in judicial custody since 23.08.2018 in connection with Sessions Trial No.629 of 2018 arising out of Bhagwanpur P.S.Case No.75 of 2018 for the offence alleged under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as lodged by the informant is that his son Rajesh Ranjan (deceased) who was an Assistant Teacher was killed by some miscreants who fired on his son. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR and has been

Patna High Court CR. MISC. No.10215 of 2019(2) dt.06-03-2019 2/3 falsely implicated in the aforesaid case just because there was allegation that the petitioner and the wife of the deceased had love relations with each other which was the cause of incident. He submits that it is only on suspicion that the petitioner has been made accused in the present case as none of the present witnesses in the school whereas other teachers were also present, have identified the petitioner, no test identification parade has been done and the extra judicial confession of the petitioner before the police of his complicity in the said offence has no evidentiary value in the eye of law. Petitioner undertakes to cooperate in the trial on day to day basis, not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No.629 of 2018 arising out of Bhagwanpur P.S.Case No.75 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Hajipur at Vaishali, subject to the following conditions:-

Patna High Court CR. MISC. No.10215 of 2019(2) dt.06-03-2019 3/3 (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Brajesh Kr./- U T