Ranjeet Kumar @ Ranjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32633 of 2023 Arising Out of PS. Case No.-711 Year-2022 Thana- MANER District- Patna ====================================================== RANJEET KUMAR @ RANJEET RAI S/O MR. JALESHWAR RAI R/O Village- Sobarna, Brahamchari, P.S- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Advocate : Mrs.Vaishnavi Singh, Advocate : Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr.Anil Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 04.12.2022 in connection with Maner P.S. Case No. 711 of 2022, F.I.R. dated 03.10.2022 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he alongwith other co-accused persons fired at a close range upon the son of the informant on his neck, chest and stomach due to which his son became seriously injured. Thereafter he alongwith his family members took his son for treatment to Danapur Hospital where his son died.

Patna High Court CR. MISC. No.32633 of 2023(3) dt.18-09-2023 2/3

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and as per FIR the petitioner and other co-accused persons have fired upon the victim and as per FIR they have fired upon the chest, stomach and neck of the son of the informant but the injury report of the victim suggests that he has received only one firearm injury. Further submits that it appears that the allegation as alleged in the FIR is not supported by the medical evidence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 04.12.2022.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Danapur, Patna in connection with Maner P.S. Case No. 711 of 2022, with the following conditions:-

Patna High Court CR. MISC. No.32633 of 2023(3) dt.18-09-2023 3/3 (I) 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.

(II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T