Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29958 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Ranjan Kumar Son of Manohar Lal Verma Resident of Mohalla- Dandibagh Near Pul Nirman Department office, P.S.- Vishnupad, District- Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Shivendra Prasad, Advocate For the Opposite Party :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections and other ancillary sections of the Indian Penal Code.
As per the FIR, on 5.11.2019 at 4 to 5 PM the petitioner along with other accused persons came to the house of the informant in drunken state and took her husband to watch dance programme. Informant further alleged that on 6.11.2019 at about 7.30 AM some people of Kendui village came in her mohalla and told that on 5.11.2019 at about 10 to 11 PM accused persons killed her husband by assaulting with lathi. Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and only
Patna High Court CR. MISC. No.29958 of 2020(3) dt.08-01-2021 2/3 allegation against him is that he took the victim with him in drunken state to watch dance. In course of investigation, two daughters of the victim have been examined by the police who have stated that at the relevant time they were at their house and co-accused Rajesh called their father from the house. Later on they learnt that her father has been killed by three accused persons. Dead body of the victim was found out side the house of co-accused Raju Manjhi. Petitioner is in custody since 7.11.2019 and petitioner has got no criminal antecedent. Charge sheet has also been filed in the case.
In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Gaya in Magadh Medical Police Station Case No. 254 of 2019 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.29958 of 2020(3) dt.08-01-2021 3/3
(2) 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.
(Prabhat Kumar Singh, J) Shashi U T