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Patna High CourtCR. MISC./29928/2023bail granted

Ranjit Kumar v. The State Of Bihar

2023-06-13Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29928 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- PIPRA District- Supaul ====================================================== RANJIT KUMAR Son of Bechan Yadav Resident of village - Nandlali, ward no. 3, P.S. - Bihra, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshuman Jaipuriyar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pipra P.S. Case No. 87 of 2022, G.R. No. 661 of 2022 registered for the offences punishable under Section 392 of the IPC. As per prosecution case, three unknown miscreants riding on a motorcycle came and stopped the informant and his younger brother by pointing the weapon and assaulted them and looted away Rs. 25,000/-, two mobile phones and his motorcycle and fled away.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case upon the confessional statement of co-accused Bhavesh Kumar. He further submits that except

Patna High Court CR. MISC. No.29928 of 2023(2) dt.13-06-2023 2/3 confessional statement of co-accused, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner has surrendered before the court on 16.12.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that co-accused Bhabesh Kumar has already been granted bail vide Cr. Misc. No. 21365 of 2023 by a co-ordinate Bench of this Court and the case of present petitioner stands on better footing keeping in view that nothing has been recovered from his possession and his name has been surfaced upon the confessional statement of co-accused. The learned A.P.P.

for the State vehemently opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.29928 of 2023(2) dt.13-06-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Supaul in connection with Pipra P.S. Case No. 87 of 2022, G.R. No. 661 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T