Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21492 of 2022 Arising Out of PS. Case No.-521 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RANJIT KUMAR S/O KAULESHWAR RAI @ KAULESHWAR YADAV R/o village- Enerwa Fulwar, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Motihari Muffasil P.S. Case No. 521 of 2020 registered for the offences punishable under Sections 392 of the Indian Penal Code.
As per prosecution case, three unknown miscreants, showing fear of pistol and knife, snatched the collected amount of Rs. 68,290/-, two mobile phones, one bike, one tab, purse in which Rs. 6,000/- was kept, four credit cards of different banks, two debit cards, Pan Card, Adhar Card, Driving
2/4 License from the informant and his colleagues. It is further alleged that miscreants also snatched Rs. 1200/- from Rajaram Kumar. The informant also disclosed the body complexion. Learned counsel for the petitioner submits that petitioner is in custody since 16.01.2021. Petitioner bears eight criminal antecedents in which he is on bail in all cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not named in the F.I.R. Name of present petitioner has surfaced on the basis of confessional statement of co-accused Radhe Shyam Kumar. No T.I.P. has been conducted till today. Nothing has been recovered from the conscious possession of the petitioner. The learned A.P.P.
for the State vehemently opposes the prayer for bail of the petitioner. He further submits that one mobile has recovered from the possession of the petitioner which is alleged to be looted mobile.
3/4 material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Motihari Muffasil P.S. Case No. 521 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (v) Petitioner shall not leave the territorial jurisdiction
4/4 of the concerned trial court without appropriate permission of the court concerned.
(vi) If petitioner violates any of the conditions, the court below is at liberty to cancel the bail bond of the petitioner. (Alok Kumar Pandey, J) amitkr/- U T