Deep Ranjan Kumar @ Radhey Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79028 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== Deep Ranjan Kumar @ Radhey Shyam S/o Ram Narayan Singh R/villRamchandrapur, P.S- Deoriya, Distt.-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Opposite Party/s :

Mr.Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kathaiya P.S. Case No. 82 of 2018 (G.R. No. 1090 of 2018) registered for the offence punishable under Sections 413, 414, 412, 120(B) and 34 of the Indian Penal Code and under Section 25(1-B)A, 26 and 35 of the Arms Act.

Informant who is a police officer has stated in his self statement that on a secret information about some miscreants, who were unloading garlic from a looted truck, he along with other police personnel raided said place and on seeing police party petitioner along with driver of the said truck tried to flee away but they were apprehended, thereafter on search one

Patna High Court CR. MISC. No.79028 of 2018(3) dt.08-03-2019 2/3 country made pistol with a cartridge was recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Allegation against petitioner is false and concocted. He is in custody since 17.04.2018. Considering allegation and antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage, hence, the prayer for bail of the petitioner is hereby rejected.

However, petitioner named above be released on bail after completing one year of jail custody by the court below upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, (West) Muzaffarpur, in connection with Kathaiya P.S. Case No. 82 of 2018 (G.R. No. 1090 of 2018), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court CR. MISC. No.79028 of 2018(3) dt.08-03-2019 3/3 shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T