Ranjeet Ram @ Guddu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.28511 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Ranjeet Ram @ Guddu Ram, S/o Vasant Lal Ram, Resident of VillageShubhai, Police Station-Hajipur Sadar in the district of Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-12-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed by the Stamp Reporter within three weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking pre-arrest bail in connection with Jandaha P.S. Case No. 03 of 2019 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)A/26/35 of the Arms Act. Learned counsel for the petitioner submits that in this case the patrolling party arrested some of the accused persons on chase, it is alleged that 3-4 miscreants fled away but on enquiry the miscreants who were caught by police disclosed the

Patna High Court CR. MISC. No.28511 of 2020(2) dt.03-12-2020 2/3 name of those who had fled away. This petitioner is one of them. On search of the person of the arrested accused from possession of the miscreants country made pistol and cartridges were recovered and they disclosed to have committed several crimes.

Learned counsel for the petitioner submits that the petitioner was not arrested on the spot and his name has transpired in the confessional statement of the co-accused. It is submitted that in similar circumstance co-accused namely Vijay Rai has been granted privilege of anticipatory bail in Cr. Misc. No. 34352 of 2019.

On the other hand, learned A.P.P. for the State submits that this petitioner has got two serious kind of criminal antecedents. In the first case he is an accused under the provisions of the Arms Act and the second case is under Section 392 of the Indian Penal Code. In paragraph '3' of the application petitioner has not made any statement whether he is on bail in those two cases or not and as such learned A.P.P. submits that the petitioner seems to be absconding in those cases. At this stage, Mr. Sunil Kumar, learned counsel for the petitioner submits that the petitioner is on bail in the case under the Arms Act and in the second case which is under

Patna High Court CR. MISC. No.28511 of 2020(2) dt.03-12-2020 3/3 Section 392 of the Indian Penal Code his anticipatory bail application is pending before this Court. Learned counsel also informed that the co-accused Vijay Rai had no criminal antecedent.

Having regard to the facts and circumstances of the case, wherein it appears that the miscreants who were arrested from their possession arms and ammunitions were recovered and the miscreants have disclosed the name of this petitioner as one amongst those who had fled away on seeing the patrolling party and further that this Court has noticed the petitioner being accused in two cases of serious nature and while on bail he is getting involved in one after another case and in the case of the year 2018 under Section 392 I.P.C. for last two years he has neither got bail nor surrendered, whereas the co-accused who has been given privilege of anticipatory bail has no criminal antecedent, this Court refuses to extend the privilege of anticipatory bail to the petitioner. The prayer is refused. Application is dismissed.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.