Ranjeet Kumar Gupta @ Ranjeet Kumar Saraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33990 of 2020 Arising Out of PS. Case No.-50 Year-2019 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== RANJEET KUMAR GUPTA @ RANJEET KUMAR SARAF Son of Radha Kishan Prasad Resident of Village - Naga Road, Raxaul Ward No. 11, P.S. - Raxaul, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, APP For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 03.08.2020 in connection with Raxaul (Rail) P.S. Case No. 50 of 2019 (GR No 4151 of 2019) for the alleged offences under Section 394 of the Indian Penal Code and 27 of the Arms Act and subsequently added Sections 414 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged looting of a bag containing Rs. 42,000/- in cash and a mobile phone. The petitioner is not named in the FIR, which is against unknown and his name has transpired on the extra judicial confessional statement of one Vijay Giri from whose possession the stolen mobile phone has been recovered. Except the confessional statement of the said

Patna High Court CR. MISC. No.33990 of 2020(3) dt.03-02-2021 2/2 Vijay Giri, there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the conscious possession of the petitioner, who claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 03.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, West Champaran at Bettiah in connection with Raxaul (Rail) P.S. Case No. 50 of 2019 (GR No 4151 of 2019), if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T