Ranjeet Kumar @ Vinod @ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13083 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== RANJEET KUMAR @ VINOD @ VINOD KUMAR S/o Late Banarsi Paswan Resident of Punjabi Mohalla, P.S. - Kawaya, District - Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

: Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Halsi P.S. Case No. 140/2021 registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25(1-b)A/ 26 of the Arms Act.

As per seizure list, there is alleged recovery of one country made loaded pistol was recovered from the possession of the petitioner.

Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the

Patna High Court CR. MISC. No.13083 of 2022(2) dt.27-06-2022 2/3 possession of the petitioner, from the alleged recovery planted by the police. The petitioner is in custody since 03.07.2021 and there is no compliance of Section 100 Cr.P.C. The petitioner bears criminal antecedent of one case, in which he is on bail. Seizure list has not been made as per law. Charge sheet has been submitted in this case and there is no likelihood of tampering the evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, charge sheet has already been submitted and taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Lakhisarai, in connection with Halsi P.S. Case No. 140/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain

Patna High Court CR. MISC. No.13083 of 2022(2) dt.27-06-2022 3/3 present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T