Ranjan Kumar @ Ranjan Kumar Sah @ Balajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39879 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Ranjan Kumar @ Ranjan Kumar Sah @ Balajee Son of Ram Balak Sah, Resident of Village-Rampur, Singhara, P.S.-Mahua, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.04.2017 in connection with Tajpur (Waini O.P.) P.S. Case No. 117 of 2017 for offences punishable under Sections 414 of the Indian Penal Code and Section 25 (1-B)A, 26, 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on secret information police apprehended six persons and from the possession of the petitioner one loaded country made pistol with one live cartridge was recovered. Some vehicles were also found for which the petitioner and other coaccused did not give any satisfactory reply. Accordingly, a seizure

Patna High Court Cr.Misc. No.39879 of 2017 (3) dt.31-10-2017 2/3 list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case and two more cases of the same occurrence has been lodged against him on the same day. He submits that no overt act has been committed by the petitioner and he is languishing in judicial custody since more than six months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Samastipur in connection with Tajpur (Waini O.P.) P.S. Case No. 117 of 2017, subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating their relationship with the petitioner.

(2) Petitioner will appear before the learned court below

Patna High Court Cr.Misc. No.39879 of 2017 (3) dt.31-10-2017 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T