Ranjeet Rai @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15429 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== RANJEET RAI @ RANJEET KUMAR Son of Ganesh Ray @ Ganeshi Ray, Resident of Village-Mahamadpur, P.S.-Paroo, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 24.07.2018 in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 211 of 2018 for offences punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as lodged by the informant is that while he was returning home with Rs. 3000 which he received in lieu of sale of Cement, the petitioner along with two other person in two motorcycles on gun point snatched the money. One co-accused Guddu Rai was apprehended who was taken away by his neighbour Mukesh Rai and when police came to the place of occurrence, the said co-accused Guddu Rai along with Mukesh Rai fled away. The informant has named the

Patna High Court CR. MISC. No.15429 of 2019(2) dt.14-03-2019 2/3 petitioner along with co-accused Guddu Rai and Ashok Rai to have committed the said offence.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated the aforesaid case. He submits that the co-accused Guddu Rai has already been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 9505 of 2019 on 19.02.2019 and charge-sheet has already been submitted, there being no allegation of tampering with the prosecution evidence. He further submits that another case being Parro P.S. Case No. 212 of 2018 for similar occurrence has been lodged against the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and two more cases are pending against him. Considering the facts and circumstances and materials of record, nature of allegation and the period of custody, let the 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 the learned Additional Chief Judicial Magistrate, 1st, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 211 of 2018, subject to the conditions:-

Patna High Court CR. MISC. No.15429 of 2019(2) dt.14-03-2019 3/3

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) devendra/priyanka U T