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Patna High CourtCR. MISC./26143/2024bail granted

Ranjeet Yadav @ Ranjeet Kumar v. The State Of Bihar

2024-05-06Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26143 of 2024 Arising Out of PS. Case No.-456 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Ranjeet Yadav @ Ranjeet Kumar Son Of Birendra Yadav Resident Of Village - Barbanna, Ward No.2 Maryganj, P.S. - Raniganj, District - Araria (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the State :

Ms. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2024 Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner and Ms. Pushpa Sinha-1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Raniganj P.S. Case No. 456 of 2023, F.I.R. dated 26.11.2023 for the offences punishable under Section 395 of the Indian Penal Code.

3. According to prosecution case, the petitioner is said to have assaulted the informant and also snatched his mobile phone and bike.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of the confessional statement of the co-accused person, namely, Manohar Yadav. He further

Patna High Court CR. MISC. No.26143 of 2024(2) dt.06-05-2024 2/3 submits that it appears from the F.I.R. as well as seizure list that the recovery have been made from the possession of the coaccused person and except the disclosure of the co-accused person, no any cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of the paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Sub Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 456 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

Patna High Court CR. MISC. No.26143 of 2024(2) dt.06-05-2024 3/3 i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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) ajay/vinayakU T