Ranjay @ Bhola Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35001 of 2021 Arising Out of PS. Case No.-817 Year-2020 Thana- BIHTA District- Patna ====================================================== RANJAY @ BHOLA SAO S/o Late Jimdar Sao R/o village- Parari, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Niwas Prasad For the Opposite Party/s :
Mr.Satyendra Pd.
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 This matter is taken up for consideration through Video Conferencing.
Heard both parties.
The petitioner seeks bail in Bihta P.S. Case No. 817 of 2020, registered for the offence punishable under Sections 307, 392 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on 10.11.2020 while the son of informant was coming to his house after closing his shop, on the way, some unknown miscreants riding on motorcycle came, shot him and looted away bag containing cash of Rs. 2 lakh and other valuable article.
It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of
Patna High Court CR. MISC. No.35001 of 2021(3) dt.21-09-2021 2/3 investigation, name of this petitioner has come in this case only on suspicion. No looted article has been recovered from possession of this petitioner. No test identification parade has been held till date. Further submitted that petitioner is known to the informant and Dhananjay Kumar, but none of them has identified him. Petitioner is having clean antecedent and he is in custody since 01.12.2020. Chargesheet has already been submitted.
However, counsel for the informant vehemently opposed the prayer for bail and submitted that in several paragraphs of the case diary there is ample evidence against this petitioner which goes to show his complicity in the aforesaid crime.
Considering the facts and circumstances of the case and clean antecedent of the petitioner, the petitioner abovenamed, is directed to be enlarged 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 Additional Chief Judicial Magistrate Ist, Danapur, Patna in connection with Bihta P.S. Case No. 817 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.35001 of 2021(3) dt.21-09-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T