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Patna High CourtCR. MISC./12672/2023allowed

Ripu Ranjan Kumar @ Ripu Yadav v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12672 of 2023 Arising Out of PS. Case No.-5 Year-2020 Thana- SURYAPURA District- Rohtas ====================================================== Ripu Ranjan Kumar @ Ripu Yadav Son Of Ram Pukar Singh R/VBodhchatar P.S- Dawath Dist- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner the along with two other F.I.R named accused persons took away the son of the informant from her house and thereafter shot fire at him, as a result of which, he sustained gunshot injuries and succumbed to the injuries.

Patna High Court CR. MISC. No.12672 of 2023(5) dt.16-10-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The specific allegation of firing upon the deceased is against co-accused Amrit Singh @ Sudhanshu @ Pahari whereas it is alleged against the petitioner that he caught hold the wrist of the deceased. The informant is not the eye witness to the occurrence. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 20.06.2022. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-X.

The report of learned Additional District &

Patna High Court CR. MISC. No.12672 of 2023(5) dt.16-10-2023 3/3 Sessions Judge-IX, Rohtas at Sasaram dated 26.09.2023 suggests that out of seven prosecution witnesses, four witnesses have been examined and the trial is expected to be concluded within six months which further suggests that there is no hope in near future to conclude the trial.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Suryapura P.S. Case No. 05 of 2020. (Sunil Kumar Panwar, J) Shageer/- U T