Ranjan Kumar @ Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21620 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHUA District- Vaishali ====================================================== RANJAN KUMAR @ RANJAN KUMAR SINGH, Gender-Male, aged about 32 years, Son of Ganga Singh, Resident of Village - Mirza Nagar, P.S.- Mahua in the district of Vaishali.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sunil Kumar, Advocate.

For the Opposite Party :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402 of the IPC and 25(1-b)a, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.21620 of 2020(2) dt.06-07-2020 2/3 The prosecution story, in brief, is that on 20.01.2020 during patrolling duty, the informant apprehended Ranjan Kumar (petitioner), Mithilesh Singh and Kundan Kumar. Four persons fled away from the place of occurrence. On search, Rs. 1200/- and one Mobile Phone was recovered from possession of the petitioner. One loaded country made pistol with live cartridge and one Mobile phone was recovered from possession of co-accused Kundan Kumar and Rs. 1500/- was recovered from possession of co-accused Mithilesh Kumar. They did not give any satisfactory reply for that.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 22.01.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Only Rs. 1200/-is alleged to have been recovered from possession of the petitioner. The said money belongs to the petitioner. No arms is alleged to have been recovered from possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.21620 of 2020(2) dt.06-07-2020 3/3 Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 29 of 2020.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T