Ranjan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39136 of 2022 Arising Out of PS. Case No.-60 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== RANJAN KUMAR SINGH Son of Sanjay Singh Resident of village - Nikhti, P.S.- Raghunathpur, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Rivilganj P.S. Case No. 60 of 2021 for the offences under Section 392 of the Indian Penal Code.
As per the prosecution story, the informant had gone out of Kali Sithan of Chhota Brahampur to attend the call of nature. In the meanwhile, three persons came and started slapping him. They also took away Rs. 50,000/- and a mobile of Redmi company.
Learned counsel for the petitioner submits that although he has been implicated in this case, no T.I. parade was
Patna High Court CR. MISC. No.39136 of 2022(2) dt.30-09-2022 2/3 done, nor anything has been recovered from his conscious possession, is in custody since 1.7.2021 (as stated in para-9 of the bail application).
Considering the aforesaid facts/submissions of the learned counsel for the petitioner, since no T.I. parade has been conducted neither anything has been recovered from his conscious possession, is in custody since 1.7.2021 and chargesheet stands submitted, this Court is inclined to grant him the privilege of bail after framing of the charges with strict conditions in view of the fact that he has criminal antecedents. Let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class Saran at Chapra, in connection with Rivilganj P.S. Case No. 60 of 2021 subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her
Patna High Court CR. MISC. No.39136 of 2022(2) dt.30-09-2022 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall leave his/her district(Saran) for a period of three months(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (where he/she will stay) every week to mark his attendance; (iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;
(v) 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;
(vi) 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. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/Ajay Singh U T