Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24918 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- SARAI District- Vaishali ====================================================== RANJIT KUMAR Son of Shyam Narayan Thakur Resident of Village - Pachrukhi, P.S.- Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated that the informant got information that his brother had been killed. On going to the place of occurrence, the informant found the dead body of his brother on the ground, in front of the restaurant of one Bhola Singh, with 15-20 gun shot injuries.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired on the petitioner's own confessional statement made before police in connection with Sarai P.S. Case no. 268 of 2019 and the same is inadmissible. It is submitted that no other material has transpired in course of investigation to implicate the petitioner with the alleged crime. The petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.24918 of 2021(3) dt.15-12-2021 2/2 case because of his antecedents. Petitioner is in custody since 13.8.2019 and undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for 2 years 4 months, the petitioner is directed to be enlarged on bail in connection with Sarai P.S. Case no. 267 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 13th Additional Chief Judicial Magistrate, Vaishali at Hajipur.

It is further directed that the petitioner shall cooperate in the trial and in case the learned trial court is of the opinion that the trial is being delayed due to non cooperation on part of the petitioner, it may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Spd/- U T