Ranjeet Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48622 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Ranjeet Ram S/O Raj Mangal Ram R/o village- Morsandi, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard.

The petitioner seeks regular bail in connection with Motipur P.S. Case No. 281 of 2020, registered for the offence punishable under sections 399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The allegation is that when the police party was on patrolling duty for the purposes of recovering a kidnapped boy in connection with an FIR bearing Motipur P.S. Case No. 280 of 2020 lodged under Section 364A of the I.P.C., the Police force had conducted raid near Moresandi Bandh in an orchard from where two persons including the petitioner herein were apprehended. As far as the petitioner is concerned, one country made pistol and one live

Patna High Court CR. MISC. No.48622 of 2021(2) dt.03-03-2022 2/3 cartridge was recovered, upon search made by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 10.11.2020. The learned counsel for the petitioner has further submitted that only after the petitioner was arrested in the present case, he has been remanded in other case i.e. Motipur P.S. Case No. 280 of 2020 in which the allegation of kidnapping of a boy has been levelled, however, prior to that the petitioner was not an accused in any other criminal case. It is further submitted that as far as the other case is concerned, the kidnapped boy has already been recovered.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that the kidnapped boy has already been recovered and for the offence of kidnapping, the

Patna High Court CR. MISC. No.48622 of 2021(2) dt.03-03-2022 3/3 petitioner is already an accused in one other case i.e. Motipur P.S. Case No. 280 of 2020, hence as far as the present case is concerned, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court of A.C.J.M., 2nd West Muzaffarpur in connection with Motipur P.S. Case No. 281 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T