Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42422 of 2024 Arising Out of PS. Case No.-69 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Ranjan Kumar Son Of Suraj Sahni R/O- Vill- Sarvanichak, P.S- Bochahan, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Bochahan P.S. Case No. 69 of 2021 instituted under Sections 401,413,414/34 of the IPC and 25(1-b)a,26,36 Arms Act lodged on 19.03.2021 by the informant, Rajesh Ranjan.

3. The police upon secret information raided the place and although the accused persons tried to escape, some of them were apprehended and from them, a loaded pistol was recovered. Beside the said seizure, the motorcycles allegedly stolen were also recovered/seized. The apprehended persons named this petitioner as one of accomplish.

4. Learned counsel for the petitioner submits that he had no role to play in the matter, it is not a case that anything was recovered from his house and further only because for

Patna High Court CR. MISC. No.42422 of 2024(2) dt.09-08-2024 2/3 ulterior motive and village rivalry, his name has been taken by the accused persons, he has been made an accused in this case.

5. Learned APP on the other hand opposes the prayer for anticipatory bail stating that the accused persons have named him as one of the accomplish.

6. Taking into account the fact that he is a boy of 22 years, his name has come in the confessional statement and he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur, (East), in connection with Bochahan P.S. Case No. 69 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.42422 of 2024(2) dt.09-08-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T