Ranjan Yadav @ Motka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47649 of 2021 Arising Out of PS. Case No.-132 Year-2016 Thana- PARASBIGHA District- Jehanabad ====================================================== Ranjan Yadav @ Motka, Son of Manoj Kumar @ Manoj Yadav, Resident of Village - Devaria, P.S.- Parasbigha, Distt.- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-02-2022 The applicant/accused in Crime No. 132 of 2016 registered with Parasbigha Police Station for the offences punishable under Section 395 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused. He argued that the applicant is behind the bars from 13.03.2020 and his name has surfaced on record on the basis of confessional statement of one Bindu Kumar @ Bona Yadav who is already directed to be released on bail by a coordinate Bench of this Court vide order dated 04.04.2018 passed in Criminal Misc. No. 18411 of 2018. It is further argued that except the confessional statement of co-accused Bindu Kumar @ Bona Yadav there is no evidence to connect the applicant with the crime in question. It is further argued that while rejecting the earlier bail application vide order dated 12.01.2021 passed in Criminal Misc. No. 30630 of
Patna High Court CR. MISC. No.47649 of 2021(2) dt.08-02-2022 2/3 2020, the coordinate Bench of this Court had permitted the applicant to renew his prayer for bail after six months if the trial is not concluded. It is reported that the trial has not yet commenced. The learned Additional Public Prosecutor opposed the application by contending that there is prima facie material to connect the applicant with the crime in question. According to the prosecution case, on 21.10.2016 eight persons came in a vehicle of Sumo and looted the driver of the truck by snatching an amount of about Rs. 40,000/- and other articles.
The applicant is behind the bars from 13.03.2020. Coaccused Bindu Kumar @ Bona Yadav is already directed to be released on bail by a coordinate Bench of this Court vide order dated 04.04.2018 passed in Criminal Misc. No. 18411 of 2018. The trial is not yet commenced and therefore I see no reason to refuse the bail to the applicant. Therefore, the order :- i. The application is allowed.
ii. The applicant/accused in Crime No. 132 of 2016 registered with Parasbigha Police Station be released on bail on executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the
Patna High Court CR. MISC. No.47649 of 2021(2) dt.08-02-2022 3/3 facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.
(IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. Bhardwaj/- (A. M. Badar, J) U T