Baua @ Ranjan Kumar @ Ranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27139 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Baua @ Ranjan Kumar @ Ranjan Yadav Son Of Ram Parvesh Ray @ Ramparvesh Yadav @ Ram Pravesh Singh R/O Mohalla- Dharahra, Ward No.35, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jagjit Roshan For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 34 of the IPC. Later on Section 302 of the Indian Penal Code was added. As per FIR, the allegation against the accused persons including the petitioner is that they kidnapped father of the informant and killed him due to money altercation.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion and presumption. There is no eye witness of the alleged occurrence. The name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused which has got no evidentiary value in the eye of law. Nothing has been recovered from
Patna High Court CR. MISC. No.27139 of 2023(3) dt.24-07-2023 2/2 the conscious possession the petitioner. Similarly situated co-accused namely Ritesh Kumar has already been granted bail by this Court vide order dated 17.07.2023 passed in Cr. Misc. No. 18593 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nagar P.S. Case No. 930 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.
(Sunil Kumar Panwar, J) lata/- U T