Ranjay Kumar @ Ranjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35029 of 2021 Arising Out of PS. Case No.-160 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.
RANJAY KUMAR @ RANJAY SAH S/o Chhotelal Sah 2.
Chhotelal Sah S/o Khenhari Sah Both are R/o village- Bediban Madhuban (Bahi Tola), P.S.- Pipra, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar No.1, Adv For the Opposite Party/s :
Mr.Nagendra Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,149,188,323,353,283,504,332,393 of IPC.
The present FIR has been lodged against six named persons and 30-35 unknown persons. As per FIR, the petitioners alongwith other co-accused persons obstructed the police officials in doing their official duty after blocking the main N.H.
Patna High Court CR. MISC. No.35029 of 2021(2) dt.13-06-2022 2/3 20 road due to which the public was disturbed and there was problem of road Jam.
Learned counsel for the petitioners submits that the petitioners have clean antecedent. They have falsely been implicated in the present case only on the basis of suspicion. He further submits that the present FIR has been lodged against six named persons and 30 to 35 unknown persons and there is general and omnibus allegation against all the accused persons including these petitioners.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pipra P.S.Case No.160 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-
(1) Petitioners shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.35029 of 2021(2) dt.13-06-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T