Ranveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51913 of 2021 Arising Out of PS. Case No.-29 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ranveer Kumar Son Of Birendra Sahni Resident Of Village- Rasulpur Salim @ Rusulpur Salim, P.S. Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Ahiyapur P.S.Case No.29 of 2019 registered for the offence under Section 395 of Indian Penal Code.

Allegation is that nine unknown miscreants on the point of pistol looted Rs.3 lakhs and some other articles from the shop of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has falsely been implicated in the present case. He further submits that the name

Patna High Court CR. MISC. No.51913 of 2021(2) dt.05-01-2022 2/3 of the petitioner has come on the basis of the confessional statement of co-accused, namely, Baidyanath Sahani @ Mithun Sahani @ Baijnath Sahani. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that co-accused, namely, Baidyanath Sahani @ Mithun Sahani @ Baijnath Sahani has been granted bail vide order dated 18.10.2019 in Cr.Misc. No.62721 of 2019 by a Coordinate Bench of this Court. He further submits that another co-accused, namely, Deepak Kumar @ Dipak Kumar has been granted bail vide order dated 14.08.2019 in Cr.Misc.No.50486 of 2019 by a Coordinate Bench of this Court. Petitioner is in custody since 17.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S.Case No.29 of 2019 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.51913 of 2021(2) dt.05-01-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T