Ranjeet Kumar Sah @ Ranjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38366 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- PAROO District- Muzaffarpur ====================================================== RANJEET KUMAR SAH @ RANJEET SAH, Son of Kaushal Sah, Resident of Village- Shahpur Bujurg, P.S.- Patepur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

M/s Vikramdeo Singh & Vijay Kr. Mishra, Advs. For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP 213 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-09-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Petitioner, who is languishing in judicial custody since 16.01.20178, seek bail in connection with Paru P.S. Case No. 182 of 2017 for offences alleged under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, as lodged by the informant, is that while he and his wife wereworking in the field his son, Anil Kumar, came and told that he is going to coaching and when he reached near the bridge some verbal fight had taken place with three persons on which co-accused, Ramanuj Singh, fired on him and during the course of treatment said Anil Kumar succumbed to injury.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38366 of 2018(4) dt.05-09-2018 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. The petitioner is not named in the first information report and it is only on the basis of statement of the spy that the petitioner has been made accused. He submits that the main assailant, as per the informant, is co-accused, Ramanuj Singh, who is alleged to have fired on the informant's son. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not have clean antecedent and he was also one of the accomplices of the main assailant.

Considering the facts and circumstances and the materials on record as well as 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 Paru P.S. Case No. 182 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate, (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

Patna High Court Cr.Misc. No.38366 of 2018(4) dt.05-09-2018 3/3 below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Shamshad/- U T