Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15912 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Ranjit Kumar, aged about 21 years, Male Son of Krishna Yadav, Resident of Village- Semra Khas, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli PS Case No. 481 of 2023 instituted for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol and one motorcycle bearing Registration No. BR05-AF-7889 have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case on the basis of suspicion. No incriminating articles have been recovered from the conscious or constructive possession of the petitioner. He has

Patna High Court CR. MISC. No.15912 of 2024(2) dt.19-03-2024 2/2 no concerned with the alleged seized motorcycle. Petitioner is in custody since 08.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned 2nd Additional District and Sessions Judge, East Champaran, Motihari dated 29.01.2024, it appears that petitioner has been made accused only on the basis of suspicion. There is no any independent witness of the seizure list and the recovered motorcycle belongs to co-accused Ajay Sahani, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after commitment of the case on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli PS Case No. 481 of 2023.

7. The trial Court is directed to conclude the proceeding of commitment within a period of one month. (Ramesh Chand Malviya, J) Anand Kr.

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