Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39129 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- MANSI District- Khagaria ====================================================== RANJAN KUMAR son of Anrudh Yadav Resident of Village- Rohiyar, P.S. Mansi, District- Khagaria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner, in the present case, is seeking regular bail in connection with Mansi P.S. Case No. 82 of 2020 registered for the offence under Section 395 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story when the informant was going to C.S.C. three persons on a motorcycle came and hit his motorcycle due to which he fell down. All the persons, who had covered their face, started to assault the informant and tried to snatch his bag. In the meantime another motorcycle came with two passengers and on the gun point snatched his bag containing Rs. 3,76,000/- and some other important materials.
2/4 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on mere suspicion. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner and the other co-accused have been granted bail by learned coordinate Benches of this Court. It is submitted that the petitioner is in custody since 18.04.2020. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case, wherein this Court has noticed the submission of the learned counsel for the petitioner that petitioner has already been granted bail in Mansi P.S. Case No. 84 of 2020 vide Cr. Misc. No. 38821 of 2020 by a learned coordinate Bench of this Court and further that in connection with the present case, the petitioner has remained in jail for over 11 months, investigation against him is complete and prior to the arrest in connection with the Mansi P.S. Case No. 84 of 2020 he had no other criminal antecedent as also that the co-accused namely Bikram Yadav & another and Suven Kumar said to be similarly situated have been granted bail in Cr. Misc. No. 31057 of 2022 and 37224 of 2020 respectively by learned coordinate Benches of
3/4 this Court, the submission of the petitioner having remained uncontroverted on behalf of the State, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magsitrate 1st Class, Khararia in connection with Mansi P.S. Case No. 82 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the petitioner shall appear in the court below on each and every date fixed in the matter and two consecutive defaults in putting appearance shall lead to cancellation of his bail.
4/4 And further condition that the court below shall verify the criminal antecedents of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
The application stands disposed of.
(Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.