Ranjeet Kumar @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42188 of 2023 Arising Out of PS. Case No.-573 Year-2021 Thana- BEUR District- Patna ====================================================== RANJEET KUMAR @ RANJIT KUMAR S/O SUBHASH YADAV R/O VILLAGE- BISHUNPUR, PAKHRI, PS. BEUR, DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 355 of 2023 arising out of Beur P.S. Case No. 573 of 2021 registered for the offences punishable under Sections 302, 325, 341, 323 of the Indian Penal Code.

3. As per prosecution case, informant's cousin dead body was thrown at railway station and FIR has been lodged against unknown

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in the present case upon the confessional statement of co-accused Rajnish Kumar. Except suspicion, there is nothing

Patna High Court CR. MISC. No.42188 of 2023(2) dt.21-07-2023 2/3 on record to connect the present petitioner with the alleged occurrence. He further submits that petitioner is in custody since 04.12.2022 and bears criminal antecedent of one case in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article was recovered from the possession of the petitioner. He further submits that there is no eye witness to the alleged occurrence. He further submits that petitioner is quite innocent and has falsely been implicated in the case.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 to the satisfaction of learned Additional Sessions Judge- XIII, Patna in connection with S.Tr. No. 355 of 2023 arising out of Beur P.S. Case No.

Patna High Court CR. MISC. No.42188 of 2023(2) dt.21-07-2023 3/3 573 of 2021 , subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) niku/vashudha/- U T