Patna High CourtCR. MISC./21263/2024bail granted

Ranjan Kumar @ Rajan Ray @ Rajan Kumar v. The State Of Bihar

2024-07-12Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21263 of 2024 Arising Out of PS. Case No.-678 Year-2022 Thana- SONEPUR District- Saran ====================================================== Ranjan Kumar @ Rajan Ray @ Rajan Kumar S/o Brahm Nath Ray R/o Village - Sabbalpur, Masti Tola, P.S. - Sonpur, Dist. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-07-2024 Heard Mr. Rajeev Kumar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 30.11.2023, in connection with Sonpur P.S. Case No. 678 of 2022, F.I.R. dated 06.09.2022 registered for the offences punishable under Section 394 of the Indian Penal Code.

3. The F.I.R. of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person namely Raushan Kumar and except the

Patna High Court CR. MISC. No.21263 of 2024(4) dt.12-07-2024 2/3 aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and till date no test identification parade was conducted by the prosecution. He further submits that said coaccused person namely Raushan Kumar who disclosed the name of the petitioner has been granted bail by this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 27781 of 2023, another co-accused Govinda Kumar has been granted bail by this Court vide order dated 21.06.2024 passed in Cr. Misc. No. 37294 of 2024. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 30.11.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the name of the petitioner has been transpired on the basis of confessional statement of co-accused and apart from that the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph3 of the supplementary affidavit that the petitioner is on bail in all the pending matters.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.21263 of 2024(4) dt.12-07-2024 3/3 Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No. 678 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T