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Patna High CourtCR. MISC./38774/2022bail granted

Rajeev Ranjan @ Rajeev Ranjan Kumar @ Mithu v. The State Of Bihar

2022-11-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38774 of 2022 Arising Out of PS. Case No.-293 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Rajeev Ranjan @ Rajeev Ranjan Kumar @ Mithu Son Of Rajkishore Chaurasiya R/O Village- Dhane Goraul, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radhe Shyam, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Goraul P.S. Case No. 293 of 2019 lodged under Sections 302, 34 of the I.P.C. read with Section 27 of Arms Act. As per the prosecution case, the present case has been filed against unknown accused persons in which informant has disclosed that he received an information that his father was killed near railway gumti.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. His name has not figured in the F.I.R. It has been filed against unknown

Patna High Court CR. MISC. No.38774 of 2022(2) dt.01-11-2022 2/3 persons. He submits that his name has come in this case by virtue of confessional statement of co-accused persons but all the co-accused persons who have disclosed the name of the petitioner have been granted bail by the Co-ordinate Bench of this Court. All orders Annexure- 3 series ( Page 17-32 of the bail petition). Learned counsel for the petitioner further submits that petitioner is in custody since 22.05.2022. There is one criminal case pending against him in which he is on bail. Learned counsel for the State opposes the prayer for bail and submits that it is a case in which the petitioner's name has come on the basis of confessional statement.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Vaishali at Hajipur in connection with Goraul P.S. Case No. 293 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.38774 of 2022(2) dt.01-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T