Ranjay Kumar Roy @ Ranjay Roy @ Rajan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27011 of 2015 Arising Out of PS.Case No. -171 Year- 2014 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================
1. Ranjay Kumar Roy @ Ranjay Roy @ Rajan Roy S/o Shiv Shankar Rai R/o village - Harpur Ganga Ram, P.O. + P.S. Mahua, District - Vaishali .... .... Petitioner
Versus
1. The State of Bihar .... ................................... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Industrial Area P.S. Case No. 171 of 2014 registered for the offence punishable under Sections 307, 394 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, the informant and Rakesh Kumar @ Ajay Kumar Singh were going to Hazipur Roller Flour Mills with cash of Rs. 2,80,000/- keeping the same in a bag and as soon as reached near the gate of Industrial Area, motorcycle borne miscreants pushed the motorcycle of the informant which was being driven by Rakesh Kumar @ Ajay Kumar Singh, resulting the motorcycle of the informant fell down and the miscreants opened the fire which hit right arm of Rakesh Kumar Singh @ Ajay
Kumar Singh and nearby persons assembled but again the fire was opened and the miscreants fled away with bag containing cash amount.
Submission is of false implication and that nothing has been recovered from possession of the petitioner, name of the father of the petitioner differs as per statement of the witnesses. The petitioner is suffering in custody since 19.02.2015 and, as such, he deserves sympathetic consideration to which the learned APP opposes by submitting that the witnesses namely, Ranjit Kumar Rai and Randhir Kumar have identified the petitioner and others but it is true that the father's name does not tally. In the facts and circumstances stated above, considering that chargesheet has already been submitted and the father's name of the petitioner does not tally with the name given by two witnesses, the petitioner above named is directed to be released on bail on execution of bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No.
shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T