Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45872 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== RANJAN KUMAR S/o NARESH RAI R/o VILLAGE-ABHIMANPUR, P.SAURAI, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Choudhary, Advocate.

For the Opposite Party/s :

Mr.Mohammed Arif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner, who is in custody since 11.04.2021, seeks regular bail in connection with Aurai P.S. Case No. 69 of 2021 for the offence punishable under Sections 420 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case, in brief, is that on 10.04.2021 the informant who is a sub-Inspector of police got information that two persons possessed with arms were coming on a

Patna High Court CR. MISC. No.45872 of 2021(2) dt.15-02-2022 2/3 motorcycle bearing registration no. BR 06 BP 1123 towards Amnaur and thereafter constituted a raiding party and they overpowered the accused persons and apprehended them who disclosed their name as Ranjan Kumar (petitioner) and Raghvendra Yadav and on search a loaded country made pistol was recovered without having license from the possession of the petitioner and seizure list was accordingly prepared. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has committed no offence as alleged. He further submits that as per the allegation, the petitioner was apprehended by the raiding team of the police, but nothing was recovered from his possession. Petitioner is in custody since 11.04.2021 and chargesheet has already been submitted against him.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, chargesheet has already been submitted against the petitioner, petitioner is in custody since 11.04.2021, the court below is directed to verify the criminal antecedent of the petitioner and if it is found that no other case is pending against the petitioner as stated in Para-3 of the

Patna High Court CR. MISC. No.45872 of 2021(2) dt.15-02-2022 3/3 present bail application, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Aurai P.S. Case No. 69 of 2021, subject to the 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.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T