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Patna High CourtCR. MISC./36856/2025bail granted

Ravi Ranjan Kumar Ojha @ Raviranjan Kumar Ojha v. The State Of Bihar

2025-08-20Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36856 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Ravi Ranjan Kumar Ojha @ Raviranjan Kumar Ojha S/o- Bhulan Ojha, Village- Manana, Ward No-02, PS- Ramgarhwa, Distt- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 20-08-2025 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Matihani P.S. Case No. 47 of 2025, dated 11.03.2025, registered under Section 140(3) of the B.N.S., 2023.

3. The prosecution case, in brief, is that the informant namely Surendra Mishra, who submitted his written report to Matihani police on 11.03.2025 at about 11.00 A.M. alleging therein that his son Santosh Kumar indulged in business of rice to whom someone called with regard to unloading goods from the vehicle. Accordingly, the son of the informant proceeded from house at about 05.00 A.M. It is further alleged that at about 07.30 A.M., when the informant called his son, the phone was

2/4 out of coverage area, however at about 11.00 A.M., one person received the call and demanded rupees two lakh and thereafter repeatedly demanding money from the mobile number 6207305146 of Santosh and used the name of Mati Hari. The occurrence took place on 10/03/2025 at about 05.00 A.M.

4. On the basis of aforesaid fact, Police lodged F.I.R. and took up the investigation. The victim was recovered by the Police along with co-accused Hiralal and the statement dated 12.03.2025 recorded by the Police under Section 180 of the B.N.S.S. and the victim has not named the petitioner.

5. It has next been submitted that the name of the petitioner for the first time has come on the confessional statement of one Hiralal, who was apprehended by the Police with the so called victim. Besides, he has said that there was money dispute between the parties and subsequently on 12.03.2025, the so called victim in his statement recorded under Section 183 of the B.N.S.S. has named the petitioner and others.

6. It has next been submitted that the statement given under Section 180 and 183 of the B.N.S.S. of the victim are contradictory to each other as he has given a clean chit to Hiralal with whom the Police has recovered the victim.

7. It is further stated that the accused Hiralal, who was

3/4 apprehended with the victim Santosh is enjoying the privilege of bail granted by the learned court below that would be apparent from the order impugned, passed by the court of learned Principal Sessions Judge, Begusarai in A.B.A. No. 809 of 2025, vide order dated 11.03.2025.

8. It is not in dispute that there was money dispute between the parties and the victim was recovered on the same day and further there is contradiction in the statement recorded under Sections 180 and 183 of the B.N.S.S. of the victim.

9. On the other hand, learned Additional Public Prosecutor for the State has opposes the prayer for anticipatory bail of the petitioner by submitting that the victim has taken the name of the petitioner. The petitioner is said to be involved in the kidnapping case.

10. Be that as it may, considering the fact that the victim is recovered on the same day and there is some contradiction with respect to the petitioner's involvement in the said occurrence and as such this Court taking into account the aforesaid fact that the victim is recovered with the co-accused Hiralal, who has been granted bail by the J.M.F.C, Begusarai. As such the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a

4/4 copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Matihani P.S. Case No. 47 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Ajit Kumar, J) pravinkumar/- U T