Ranjeet Kumar Mishra @ Ranjit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29726 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- AMARPUR District- Banka ====================================================== Ranjeet Kumar Mishra @ Ranjit Kumar Mishra, S/o Laxmi Kant Mishra, R/o village- Ithari, P.S.- Fullidumar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Amarpur P.S. Case No. 54 of 2022 registered for the alleged offences under Section 379 of the Indian Penal Code.

As per prosecution case, the motorcycle of the informant was stolen in the night of 26.01.2022. FIR was registered against unknown thieves. Later on, the petitioner was named in this case as accused.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29726 of 2022(2) dt.06-09-2022 2/3 motorcycle was never stolen and the petitioner was having some outstanding dues against the informant and the informant left the motorcycle along with its keys with the petitioner as collateral. For an occurrence of 26.01.2022, the FIR has been registered on 27.01.2022 and recovery has been shown at 28.01.2022 in the morning. In a pre-planned manner, the petitioner has been falsely implicated in this case and his so called confessional statement has got no evidentiary value. The petitioner is in custody since 29.01.2022 and charge-sheet has been filed.

Learned APP opposes the prayer for bail.

Having regard to the submissions made on behalf of the parties and considering the factual matrix along with the period of custody and the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 54 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be Lakshmikant Mishra, father of the petitioner, who has sworn

Patna High Court CR. MISC. No.29726 of 2022(2) dt.06-09-2022 3/3 the affidavit in this case.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T