Ranjit Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23885 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Ranjit Kushwaha S/o Umesh Kushwaha @ Umesh Bhagat, R/o villageManganpur, P.S.- Bhagwanpur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. The petitioner seeks regular bail in connection with Goraul P.S. Case No. 287 of 2021, lodged under Sections 363 & 365 of the Indian Penal Code but charge sheet has been filed under Section 364, 302, 201/120(B) & 34 of the Indian Penal Code.
As per prosecution case, the allegation of kidnapping is there in the F.I.R. against unknown persons but subsequently charge sheet has been filed in this case under Section 364, 302, 201/120(B) & 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23885 of 2022(3) dt.03-11-2022 2/3 petitioner is innocent and has committed no offence. He further submits that antecedent of petitioner is clean and he is in custody since 12.08.2021. Learned counsel for the petitioner further submits that in the case diary it comes that in C.C.T.V. footage one Bindeshwar Bhagat was seen going with the alleged victim.
Learned counsel for the State opposes the prayer for bail and submits that the name of petitioner is figured in this case on the basis of confessional statement of co-accused Bindeshwar Bhagat, and on his confessional statement the recovery has also been made.
Learned counsel for the informant vehemently opposes the prayer for bail and categorically mentioned that on the confessional statement of co-accused Bindeshwar Bhagat, motorcycle was recovered and on the confessional statement of present petitioner the copy, books and ATM card of victim has been recovered. Learned counsel for the informant also submits that charge sheet has been filed under Section 364 of I.P.C. read with Section 302 of I.P.C. Learned counsel for the informant also intimated to the Court that other co-accused persons from whose confessional statement the recovery have been made, their bail have been rejected vide orders dated 24.02.2022 &
Patna High Court CR. MISC. No.23885 of 2022(3) dt.03-11-2022 3/3 05.05.2022 passed in Cr. Misc. Nos. 65748 of 2021 & 10822 of 2022 respectively.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore his bail application is hereby rejected. (Dr. Anshuman, J.) ritik/- U T