Ranjeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44754 of 2017 Arising Out of PS.Case No. -525 Year- 2016 Thana -BANKA District- BANKA ====================================================== Ranjeet Das, Son of Ghutar Das, Resident of Village- Bampas Town, Dhangor, P.S. & District- Deoghar (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.06.2016 in connection with Banka P.S. Case No. 525 of 2016 for offences punishable under Sections 25 (1-b) a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that during patrolling they found three persons on two motorcycle who were intercepted and the petitioner along with two others were apprehended. From the possession of the petitioner one country made pistol loaded with one live cartridge and nine cartridges were recovered along with the motorcycle for which he produced no papers. Accordingly, a seizure list was

Patna High Court Cr.Misc. No.44754 of 2017 (3) dt.23-11-2017 2/3 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and is languishing in judicial custody for more than one year five months.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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, Banka in connection with Banka P.S. Case No. 525 of 2016, subject to the conditions that:

(1) 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.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will

Patna High Court Cr.Misc. No.44754 of 2017 (3) dt.23-11-2017 3/3 entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T