Ranjit Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33552 of 2024 Arising Out of PS. Case No.-34 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== RANJIT THAKUR S/O LATE JAYA THAKUR @ JAINARAYAN THAKUR R/O VILLAGE- BANSKUND, SANGRAMPUR, P.S- CHANAN, DISTT.- LAKHISARAI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Chanan P.S. Case No. 34 of 2013 registered for an offence punishable under Sections 147, 148, 149,307/427 of the Indian Penal Code and Sections 16/18(6)/20 of the UAP Act and Sections 3/ 4 of the Exclusive Substance Act.
3. As per prosecution case, the informant got information that firing is being made after stopping Dhanbad Patna Intercity express train and on such, he along with other police personnel reached the at the place of occurrence and saw that large persons have been made after exploding bomb. The informant suspected that explosion has been made by the
Patna High Court CR. MISC. No.33552 of 2024(2) dt.20-05-2024 2/3 unknown Naxalites for killing the police personnel and looting their arms.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that no incriminating article has been recovered from the conscious possession of the petitioner. It is also submitted that similarly situated co-accused persons have already been granted bail this Court as well as learned different co-ordinate Bench of this Court. Petitioner is in judicial custody since 31.10.2022.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. On perusal of the first information report, impugned order dated 09.11.2023 and seizure list, it appears that on the basis of the written report, the name of the petitioner surfaced during investigation and there is no recovery from the possession of the petitioner and four persons have already been granted regular bail by this Court as well as different Coordinate Benches of this Court passed in Cr. Misc. No.6525 of 2024, Cr. Misc. No.9691 of 2024, Cr. Misc. Nos.1588 of 2021, 34983 of 2021, 26312 of 2019 and Cr. Misc. No. 79941 of 2018 respectively, considering which, I am inclined to grant bail to
Patna High Court CR. MISC. No.33552 of 2024(2) dt.20-05-2024 3/3 the petitioner. Accordingly, let the petitioner above named be released on bail, after framing of the charge, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Lakhisarai in connection with Chanan P.S. Case No. 34 of 2013. 7.
The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) S.Katyayan/- U T