Ranjit Kumar @ W. Jha @ Dablu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31129 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== RANJIT KUMAR @ W. JHA @ DABLU JHA Son of Sukan Jha @ Ram Bahadur Jha Resident of Village - Salempur, P.S.-Musarigharari, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1 For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 115, 120B, 399 and 402 of the Indian Penal Code and Section 25(1-b)(a), 26 and 35 of the Arms Act.
Informant who is police officer in his self statement has stated that on 23.06.2018 on the confessional statement of Pappu Choudhary that some persons have assembled in the house of Dinesh Sharma, a raid was conducted in the house of Dinesh Sharma and on seeing the police party, miscreants assembled there, tried to flee away, however, five of them were
Patna High Court CR. MISC. No.31129 of 2019(3) dt.17-08-2019 2/3 apprehended by the police who disclosed their names as Gaurav Kumar @ Bablu, Aman Kumar @ Aman Singh, Ashok Kumar Chaudhary @ Ashok Samrat, Aman Anand @ Lallu Singh @ Lambhu and Gauri Shankar @ Golu Chaudhary.
It has been submitted on behalf of the petitioner that the name of petitioner has surfaced in this case on the basis of confessional statement made by co-accused who have been arrested by the police that they belong to the gang of petitioner as well as Pappu Choudhary. It has been further stated that except said disclosure there is no incriminating material against the petitioner to rope him in this case. Similarly, situated coaccused persons have been granted bail by co-ordinate benches of this Court vide orders dated 01.10.2018 in Criminal Miscellaneous No. 63810 of 2018, 04.10.2018 in Criminal Miscellaneous No. 65471 of 2018, 25.10.2018 in Criminal Miscellaneous No. 68655 of 2018 and 28.02.2019 in Criminal Miscellaneous No. 17755 of 2019. Petitioner is in custody since 30.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the
Patna High Court CR. MISC. No.31129 of 2019(3) dt.17-08-2019 3/3 case is pending, in connection with MusariGharari P.S. Case No. 80 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U