Ranjit Kumar @ Giri @ Ranjit Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44544 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- SANJHOLI District- Rohtas ====================================================== RANJIT KUMAR @ GIRI @ RANJIT KUMAR GIRI, S/o- Gopal Giri Resident of Village- Devhara, P.S.- Goh, District- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-04-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Sanjhauli P.S. Case No. 70 of 2020 registered for the offences punishable under Section 395 of the Indian Penal Code. He is in custody in connection with this case since 05.03.2021. The petitioner has got two criminal antecedents and learned counsel for the petitioner has informed this Court on instruction that he is on bail in both the cases. It is the case of the petitioner that he is not named in the First Information Report, the Maruti Brezza car and cash amount

Patna High Court CR. MISC. No.44544 of 2021(4) dt.25-04-2022 2/3 of Rs. 50,000/- which were allegedly looted away from the informant on 19.07.2020 have not been recovered from the possession of the petitioner. Petitioner has not been put on Test Identification Parade and after about eight months of the alleged occurrence, the petitioner has been taken on remand in this case after he was arrested in connection with Mohaniya P.S. Case No. 235 of 2020.

Learned counsel for the petitioner submits that save and except the confessional statement of the petitioner extracted in Police custody, there is no material at all to connect him with the present case. It is pointed out that similarly situated co-accused Jitendra Kumar @ Jitendra Yadav, Gautam Tiwary and Vivek Kumar @ Munna have been granted bail by this Court in Cr.Misc. No. 45506 of 2021 and other analogous matters. Mr. Akhileshwar Dayal, learned APP for the State is present. He has opposed the prayer for regular bail of the petitioner but at the same time after going through the case diary, learned A.P.P. submits that except the confessional statement of the petitioner, there is no other material against him. Learned A.P.P. further does not dispute that the case of the petitioner stands on a similar footing with the co-accused who have been granted bail. Having regard to the submission noticed hereinabove and the materials were save and except the confessional statement

Patna High Court CR. MISC. No.44544 of 2021(4) dt.25-04-2022 3/3 of the petitioner, no other material has been pointed out to this Court to connect the petitioner and he seems to be similarly situated with the co-accused who have been granted bail by this Court, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Sanjhauli P.S. Case No. 70 of 2020, subject to the condition as laid down under Section 437

(3) Cr.P.C.

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 steps 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.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.