Ranjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12475 of 2020 Arising Out of PS. Case No.-54 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Ranjeet Singh, Son of Aasho Singh, Resident of Village - Khutaha, P.S.- Barhariya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Barauni P.S. Case No.54 of 2018 instituted for the offence punishable under Sections 147, 148, 149, 341, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case alleges that the informant and

Patna High Court CR. MISC. No.12475 of 2020(3) dt.02-06-2020 2/3 one Malti Devi have suffered gun-shot injury by the fire opened by Kanhaiya and Amarjit. Amarjit, Kanhaiya and one Saurabh Kumar are also named in the F.I.R. The allegation against Saurabh Kumar is that though he fired, the same did not hit any body.

Petitioner's Counsel submits that the alleged assailants, namely, Kanhaiya Kumar and Amarjeet Kuwar @ Budhna, have been allowed bail in Cr.Misc. No.28395 of 2018 and Cr.Misc. No.48421 of 2018, vide order dated 04.06.2018 and 01.10.2018 respectively. The petitioner is not named in the F.I.R. His implication is based on the confessional statement of co-accused. Petitioner's counsel further submits that there is nothing on the record to suggest the involvement of the petitioner in the alleged occurrence. The petitioner has no criminal antecedents and is in custody since 10.12.2019. Learned APP for the State has opposed the prayer for bail. It is submitted that the co-accused has stated about the petitioner's involvement.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.12475 of 2020(3) dt.02-06-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No.54 of 2018, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T