Ranjan Bind @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25969 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- JAMUI District- Jamui ====================================================== Ranjan Bind @ Ranjan Kumar, aged about 35 years, (Male), S/o Ramjee Bind R/o Village- Padmawat, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 138 of 2021 dated 04.04.2021, registered for the offence punishable under Sections 326, 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that there is an allegation that four named and some un-named persons have assaulted the informant's brother by 'axe' on his head. The informant has levelled specific allegation of assault against the petitioner and co-accused Nawal Bind. The petitioner's counsel submits that coaccused Nawal Bind and another co-accused have already been allowed bail after remaining in custody from between 5-6 months. The allegation is general and omnibus . The petitioner's implication by name is borne out of the earlier dispute pending between the parties arising out of Jamui P.S. Case No. 186 of 2021. The petitioner's claim before the court below on parity with the coaccused, namely, Nawal Bind and Chhotelal Bind, was rejected because the petitioner had been in custody for nearly 2 (two) months only.

Petitioner is in custody since 07.01.2022.

Patna High Court CR. MISC. No.25969 of 2022(4) dt.02-01-2023 2/2 Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the fact that investigation is complete, the petitioner's claim based on parity wherein other named co-accused similarly situated as the petitioner has been allowed bail after remaining in custody for 6 months, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, in connection with Jamui P.S. Case No. 138 of 2021 dated 04.04.

2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) rajkishore/- U