Ranjeet Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1470 of 2019 Arising Out of PS. Case No.-241 Year-2016 Thana- BEUR District- Patna ====================================================== Ranjeet Kumar @ Bittu Late Naveen Singh Resident of Village- Hasanpur, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Bansh Dubey For the Opposite Party/s :

Mr.Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. The petitioner seeks bail in Sessions Trial No. 133 of 2017 arising out of Beur P.S. Case No. 241/2016, registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and section 27 of the Arms Act. The informant Jayanti Devi wife of the deceased Ram Chandra Jha in her written complaint has alleged that her husband was doing business of Marble tiles in the name of Today Marbles at Beur. On 12.09.2016 at about 8.00 p.m while her husband was returning after purchasing vegetable and reached near the house, Ranjit @ Bittu (petitioner), Ranjan

Patna High Court CR. MISC. No.1470 of 2019(6) dt.16-05-2019 2/3 Kumar, Santosh Kumar, Bhola Kumar, Sukesh Kumar, Rohit Kumar @ Jitu and others whom she can identify on seeing them, surrounded her husband and made indiscriminate firing on her husband. Ranjit Kumar @ Bittu fired at left armpit, Ranjan Kumar fired at left scapular region, Santosh Kumar fired at armpit. Bhola Kumar , Sukesh Kumar and Rohit Kumar @ Jitu also fired on hand, palm and elbow. The informant raised alarm, but the accused persons fled away after firing. She had further alleged that petitioner had given Rs. 1,50,000/- to coaccused Rohit Kumar @ Jeetu to kill her husband. It has been submitted on behalf of petitioner that Informant had further named in her statement under section 164 of Cr.P.

C five more persons as accused although she had not named them in FIR which makes the FIR doubtful. In post mortem report cause of death is stated to be firearm injury in head which according to Informant is attributable to co-accused Bharya Prakash @ Bhavya Prakash @ King who was named by Informant under Section 164 of Cr.P.C but not in FIR and he has already been granted bail. The charges have been framed against the petitioner. Similarly, placed co-accused persons Ranjan Kumar, Santosh Kumar and others have been granted bail by coordinate benches of this Court vide orders dated 23.06.

Patna High Court CR. MISC. No.1470 of 2019(6) dt.16-05-2019 3/3 Criminal Miscellaneous No. 22272 of 2017, 20.09.2017 in Criminal Miscellaneous No. 42794 of 2017, 04.07.2017 in Criminal Miscellaneous No. 22658 of 2017, 03.10.2018 in Criminal Miscellaneous No. 57509 of 2018 and 04.07.2018 in Criminal Miscellaneous No. 33128 of 2018. Petitioner is in custody since 14.09.2016.

Learned counsel for the State and Informant vehemently opposes the prayer for bail.

Considering the fact that there is direct allegation of firing against the petitioner and he being a history sheeter, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is rejected. The trial court is directed to take up the case on day to day basis and conclude the same within a period of six months from the date of receipt/production of a copy of this order. If the trial of the petitioner is not concluded within the aforesaid period of six months, petitioner would be at liberty to renew his prayer for bail.

(S. Kumar, J) ranjan/- U