Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29346 of 2018 Arising Out of PS. Case No.-266 Year-2016 Thana- MINAPUR District- Muzaffarpur ====================================================== Ranjeet Kumar S/o Kailash Prasad @ Kailash Bhagat, R/o Vill.- Bhikhnapur, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Goswami, Advocate, Mr. Pradhan Murli Manohar Prasad, Advocate, Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sri Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Minapur P.S Case No. 266 of 2016, Tr. No. 864 of 2018, registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, the husband of the informant working in Radha Hari Agency, and earlier there was quarrel with Manager Krishna Jee and then the husband of the informant told the informant that he is going in the agency but whether he will return or not he cannot say and thereafter when he was going to in his in-laws house, two motorcycles borne criminals shot him
Patna High Court Cr.Misc. No.29346 of 2018(2) dt.18-05-2018 2/3 and when he was brought in S.K.M.C.H., Muzaffarpur doctor declared him dead. During investigation, the name of the petitioner transpired.
Submission is of false implication and that the petitioner is not named in the First Information Report. During course of investigation, one Vivek Kumar confessed his guilt had stated the name of the petitioner also thereafter the petitioner has been remanded in this case also, besides alleged confessional statement of co-accused there is no other legal and cogent material against the petitioner. Other similarly situated co-accused Rakesh Kumar @ Navin @ Golu has been allowed bail vide Cr. Misc. No. 28079 of 2017 by another co-ordinate bench of this Court and other co-accused Dharmendra Kumar has also been allowed bail and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. submits that the petitioner has got criminal antecedent.
In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Judge-X-cumA.C.J.M., Muzaffarpur, in connection with Minapur P.S. Case
Patna High Court Cr.Misc. No.29346 of 2018(2) dt.18-05-2018 3/3 No. 266 of 2016 (Tr. No. 864 of 2018), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T