Ranjeet Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39427 of 2018 Arising Out of PS. Case No.-196 Year-2011 Thana- SARAIYA District- Muzaffarpur ====================================================== Ranjeet Kumar Sah, Son of Kaushal Sah, Resident of Village- Shahpur Bujurg, P.S.- Patepur, Distt.- Vaishali ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Kumar Mishra, Adv.
For the Opposite Party :
Mr. Kumar Ranjit Ranjan, APP 211 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
Petitioner, who is languishing in judicial custody since 19.09.2017, seeks bail in connection with Saraiya P.S. Case No. 196 of 2011 for offence alleged under Section 394 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was coming home on his motorcycle along with his staff Arun Kumar, after closing Kirana and Cloth shop, a motorcycle with three persons riding intercepted and fired on him which injured him and snatched away Rs.20,000/- and mobiles of the informant and his staff.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears ho criminal history and has been falsely implicated in the aforesaid case only on the basis of
Patna High Court Cr.Misc. No.39427 of 2018(4) dt.07-09-2018 2/3 the confessional statement of co-accused, Anunai Kumar Singh @ Anu Singh, who has confessed his guilt and has also admitted that the petitioner along with another co-accused was involved in the said case. He submits that no test identification parade has been done so far and the petitioner undertakes to cooperate in the trial on day-to-day basis.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating that the petitioner does not have a clean antecedent as two more case although of different nature is pending against him.
However, considering the facts and circumstances and and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Saraiya P.S. Case No. 196 of 2011 to the satisfaction of the learned Additional Chief Judicial Magistrate, I, West, Muzaffarpur, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned Court below during trial as and when required and failure to appear on
Patna High Court Cr.Misc. No.39427 of 2018(4) dt.07-09-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Shamshad/- U T