Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24704 of 2020 Arising Out of PS. Case No.-341 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RANJAN KUMAR Son of Devendra Ray Resident of Mandaidih, P.S. - Patepur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Mahua P.S. Case no. 341 of 2019 registered under sections 356 and 379 of the Indian Penal Code to which section 411 of the Indian Penal Code was added subsequently. As per allegation in the FIR, two persons on the point of pistol took away the motorcycle, mobile phone and Rs. 50,000/- in cash of the informant. It is further stated that on earlier occasion also one accused Shivam Kumar had committed theft, a report of which had been given to the police station. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired

Patna High Court CR. MISC. No.24704 of 2020(3) dt.23-12-2020 2/2 in course of investigation in the confessional statement of coaccused Mukul Roy made before police. It is submitted that neither any incriminating article has been recovered from the possession of the petitioner nor has the same been recovered on the basis of confessional statement made by co-accused. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as narrated above, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Mahua P.S. Case no. 341 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U