Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49387 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- DHANARUA District- Patna ====================================================== Ranjeet Kumar @ Ranjeet Prasad Son of Late Pokhraj Prasad Resident of Village- Chotki Math, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.
According to prosecution case, one Sona Devi in her fard-beyan stating therein that on 12.02.2020 in the morning the daughter of one Ranjeet Prasad was doing work at the front of house of the informant, the informant told that why you doing the work of near of my house, in the meantime the wife of Ranjeet Prasad namely Saroja Devi and her Gotani (petitioner) came there and doing Lappar-Thappar, seeing the quarrel her
2/4 husband Loha Singh @ Ramesh outside the house and manage the quarrel, in the meantime Ranjeet Prasad coming with Lathi and they assaulted by Lathi blow on the head of the informant's husband, they fell down on the earth and who immediately died on the spot.
Earlier the bail petition of the petitioner has been rejected vide order dated 29.01.2021 passed in Cr. Misc. No. 32202 of 2020. Para 7 of the bail petition which reads as under :- ".........the Court is not inclined to enlarge the petitioner on bail, for the present."
Vide order dated 17.12.2021 a report was called for with regard to the present stage of trial. From perusal of same it reveals that the charge has been framed against the accused persons and the case is fixed for prosecution and there are seven witnesses as per police report and all the seven witnesses are yet to be examined.
Learned counsel for the petitioner submits that in view of the report it appears that there is no possibility of conclusion of the trial in near future. The petitioner is in custody since 13.02.2020.
The learned counsel for the Informant as well as learned Additional Public Prosecutor have vehemently opposed
3/4 the prayer for bail.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sessions Trial No. 311 of 2020 (arising out of Dhanarua P.S. Case No. 52 of 2020), subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the
4/4 court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T