Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25452 of 2022 Arising Out of PS. Case No.-772 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ranjit Kumar Son Of Bimal Kumar Singh @ Arvind Kumar Singh R/O Village- Chandi, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 302, 201 and 120B of the Indian Penal Code and Section 27 of the Arms Act, in connection with Hajipur Sadar P.S. Case No. 772 of 2019. The allegation in the FIR is that the deceased, who was part of the videography team was there to shoot the marriage ceremony where it is alleged that the accused persons opened fire killing one of the team member.

In this case, case diary was called for on 11.8.2022 which has since been received.

Learned counsel for the petitioner submits that it is

Patna High Court CR. MISC. No.25452 of 2022(3) dt.13-10-2022 2/3 the case where the unfortunate incident happened due to celebratory firing during the marriage ceremony and this led to the death/killing of the videographer, an innocent man. He further submits that for the said alleged act, the petitioner has already suffered by being in custody since 27.2.2022 (as stated in para-18 of the bail application) despite the fact that he has no criminal antecedent.

Taking into account the aforesaid averments, perusing the case diary specially para-35 which records supervision note of Dy. S.P. and it has come to fore that death happened due to celebratory firing he do not have any criminal antecedent, is in custody since 27.2.2022, charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 772 of 2019 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show

Patna High Court CR. MISC. No.25452 of 2022(3) dt.13-10-2022 3/3 his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T