Ranjit Sao @ Ranjeet Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24393 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- GHOSWARI District- Patna ====================================================== Ranjit Sao @ Ranjeet Sao, S/O Amrit Saw, R/O Village-Mamarkhabad, P.S.- PANDARAK, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Sr. Adv.
: Mr.Manoj Kumar Pandey, Adv.
For the State :
Mr.Anil Kr. Singh No.1, APP For the Informant : Mr.Chandra Sen Pd. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2021 Heard the parties through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 384, 385, 307, 326, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case, in brief, is that on 24.12.2020, the father of the informant was sleeping in his Bathan. At about 10.00 P.M. all of a sudden, he was asked to open the door and also knocked his door. His father thought that cattle might have untied, as such, he woke up and stand up then they shot fire from the hole of Bathan but did not hit, however, another shot hit just below the armpit. He cried and opened his door then saw five persons identified including the petitioner and one
2/4 bail petition unknown, who fled away committing fire. The genesis of the occurrence is said to be kidnapping of Ravi Kishan, in which, son of accused including others are accused and he was coerced to withdraw the case and a ransom was demanded through a poster affixing on his wall.
Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As per FIR, it is apparent that there is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has not been made an accused in this case of kidnapping of his son. The petitioner is languishing in judicial custody since 26.12.2020. The petitioner has got one criminal antecedent, it is stated through the supplementary affidavit which is mentioned in para 4 of the supplementary affidavit.
Learned counsel for the informant as well as for the State vehemently opposed the prayer for bail application and submits that the petitioner and other accused persons have fired upon the father of the informant. The petitioner and other accused persons were coerced to withdraw the case and a ransom was demanded through a poster affixing on his wall. Considering the aforesaid facts and circumstances of
3/4 bail petition the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Ghoswari P.S. Case No. 154/2020 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.
(4) that the petitioner shall co-operate with the investigation, if not already concluded and make himself
4/4 bail petition available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T