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Patna High CourtCR. MISC./38894/2021bail granted

Ranjan Kumar v. The State Of Bihar

2022-02-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38894 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== RANJAN KUMAR Son of Sarwan Sao Resident of Village- Gautam Nagar, Near Kasturba Vidyalaya, P.S.- Harnaut, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 392 of the Indian Penal Code.

As per the prosecution case, the elder brother of the informant was beaten up, Rs. 30,000/- and a mobile phone etc. were snatched from him and as result of assault, on being taken to the hospital he was declared dead by the doctor. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 5.1.2021 (Annexure-1) passed in Cr. Misc. No. 23301 of 2020. The FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of a co-accused made before the police. A number of co-accused have been enlarged on bail

Patna High Court CR. MISC. No.38894 of 2021(3) dt.09-02-2022 2/2 including Suraj Kumar vide order dated 9.11.2020 passed in Cr. Misc. No. 34725 of 2020. The petitioner is in custody since 9.2.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation, grant of bail to co-accused Suraj Kumar and the petitioner having remained in custody for 2 years, the petitioner is directed to be enlarged on bail in connection with Bakhtiyarpur P.S. Case no. 35 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Barh, Patna.

(Partha Sarthy, J) Spd/- U T