Ranjeet Singh @ Ranjit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM COURT'S CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.26243 of 2020 Arising Out of PS. Case No.-26 Year-2018 Thana- SAMHO District- Begusarai ====================================================== RANJEET SINGH @ RANJIT SINGH Son of Yogendra Singh Resident of Village- Bijulia, P.S.- Samho @ Shamo, Dist- Begusharai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-10-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary No.1, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Samho P.S. Case No.26/2018 registered for the offence under Sections 447, 385 and 387/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that from the First Information Report itself it will appear that it is a case of land dispute. The allegation is that this petitioner and one Bablu Singh had come on the field of the informant and asked
2/4 him not to plough the field unless he fulfills a demand of Rs.5 lacs as rangdari. On refusal, it is alleged that the petitioner brought his licensee gun from his house and accompanied with other co-accused opened the fire and one of the gun shot hit on the leg of the driver of the tractor. Learned counsel submits that the allegations in the FIR are not specific against the petitioner. The informant has alleged that altogether five accused persons were lashed with arms and they started firing on the informant but in fact the informant has not suffered any fire-arm injury. It is further submitted that the petitioner has got only one criminal antecedent as stated in paragraph '3' of the application and in the said case he is on bail.
It is then pointed out that some of the co-accused have been granted bail by learned court below while the co-accused Arun Singh has been granted regular bail by a learned coordinate Bench of this Court in Cr.Misc.No.75484/2019 vide order dated 21.10.2019. The petitioner is said to be in custody in connection with this case since 28.02.2020.
Learned APP for the State has though opposed the prayer for regular bail of the petitioner, considering the facts and circumstances of the case, the allegations being in the nature of a land dispute and though the firing is said to have been made
3/4 on the informant but no injury has been caused to him and the only injury alleged to have been caused on the leg of the driver of the vehicle, the petitioner is in custody since 28.02.2020, investigation against him is complete and at this stage there is no submission on behalf of the State that release of the petitioner is likely to interfere with the course of trial, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.25,000 (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Begusarai in connection with Samho P.S. Case No.26/2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.
4/4 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 steps for cancellation of bail bond of the petitioner.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.
(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.