Ranjit Kumar @ Giri @ Ranjit Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39702 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RANJIT KUMAR @ GIRI @ RANJIT KUMAR GIRI S/o - Gopal Giri R/o village- Devhara, P.S.- Goh, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 31.08.2020, seeks regular bail in connection with Mohania P.S. Case No. 235 of 2020, for the offence punishable under Section 395 of the Indian Penal Code.
The prosecution case, in brief, is that on 31.07.2020 at 1.00 P.M. while the informant was returning from Motihari by Tavera Car and reached at Katrakala bridge suddenly the said car got punctured. Thereafter, the informant and his friend tried to change stepnee. In the meantime, six unknown persons came there and looted Rs. 18,000/- cash, gold chain and mobile and
Patna High Court CR. MISC. No.39702 of 2021(2) dt.05-01-2022 2/3 took away the said car.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner is not named in the F.I.R. and nothing has been recovered from the possession of the petitioner. He further submits that petitioner is in custody since 31.08.2020, but he has not been put on T.I.P. till date. He further submits that similarly situated co-accused, namely, Gautam Tiwari, Vivek Kumar @ Munna and Jitendra Kumar have already been released on bail on 05.08.2021 passed in Criminal Miscellaneous No. 21034 of 2021, 10.08.2021 passed in Criminal Miscellaneous No. 15032 of 2021 and on 22.02.2021 passed in Criminal Miscellaneous No. 38446 of 2020.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the aforesaid facts and circumstances of the case and rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No.
Patna High Court CR. MISC. No.39702 of 2021(2) dt.05-01-2022 3/3 235 of 2020, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) 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.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) manish/- U T