Ranjan Kumar Yadav @ Chandan Kumar Yadav @ Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27318 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27318 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ranjan Kumar Yadav @ Chandan Kumar Yadav @ Chandan Kumar S/o Late Brij Kishore Prasad, Resident of village - Laxmipur tola Kathariya, P.S. - Lakhaura, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.12.2015 in connection with Darpa P.S. Case No. 96 of 2015 for the offences alleged under Sections 399, 400, 402, 414 of the Indian Penal Code and 25 (1-b)A/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion. It is further submitted that similarly situated co-accused Moti Lal Paswan from whose possession a country made pistol and one live cartridges was recovered has been granted bail by this Court in Criminal Miscellaneous No. 24129 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/-

Patna High Court Cr.Misc. No.27318 of 2016 (2) dt.12-07-2016 (twenty five thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari in connection with Darpa P.S. Case No. 96 of 2015, subject to the following conditions :

(A) One of the bailors must be a government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner.

(B) If the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned, and (C) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T