Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.305 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Ranjan Kumar son of Yogendra Kumar alias Jogendra Prasad alias Yogi Mahto resident of village Sangatopar, Purani Bazar, P.S. Noorsarai, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Noorsarai P.S. Case No. 223/2017 for offences punishable under Sections 395, 397, 412 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

The prosecution case, as lodged by the informant, is that four persons entered his house and committed dacoity. Two persons were caught by the local people, who named the petitioner of being a liner/informer of places where loot could be committed and in lieu thereof he was given some money.

Patna High Court Cr.Misc. No.305 of 2018 (3) dt.13-02-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no overt act has been alleged against him. He submits that he is a handicapped person and not involved in committing dacoity. He further submits that no stolen article has been recovered from the house or the possession of the petitioner, charge-sheet has already been submitted and petitioner is languishing in custody since 04.10.2017. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was one of the informers to the co-accused and at his instance dacoity and loot were committed.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 223/2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.305 of 2018 (3) dt.13-02-2018 3/3 will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T