Ranjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36379 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Ranjeet Ray, Son of Late Ramvilash Ray, resident of village- Ismailpur Tek, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : M/s Anil Kumar and Jitendra Kr. Singh, Advs. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Mahnar Police Station Case No. 274 of 2017 registered for the offence punishable under sections 302, 120-B/34 of the Indian Penal Code and section 27 of the Arms Act.

The allegation, as per FIR, is that four unknown miscreants came at the shop of the brother of informant and one of them shot fire on the deceased. The victim was moved to hospital where he died.

The learned counsel for the petitioner submits that though the informant has stated that in case, the accused persons are brought before him, he would recognize them, however, no

Patna High Court Cr.Misc. No.36379 of 2018 (3) dt.23-07-2018 2/3 Test Identification Parade has taken place till date. He further submits that the materials, which have been collected during the course of investigation, do not prima facie show complicity of the petitioner in the alleged crime. He further submits that coaccused, namely, Sheetal Gupta against whom there is specific allegation, has already been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 35459 of 2018. Another coaccused, namely, Anirudh Kumar has also been allowed bail by a coordinate Bench of this Court in Cr. Misc. No. 26855 of 2018. The case of the petitioner stands on similar footing. The petitioner is in custody since 17.01.2018 having clean antecedent and so he deserves to be enlarged on bail.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in connection with Mahnar Police Station Case No. 274 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.36379 of 2018 (3) dt.23-07-2018 3/3 (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T