Ranjan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8653 of 2021 Arising Out of PS. Case No.-149 Year-2018 Thana- SAKRI District- Madhubani ====================================================== RANJAN KUMAR SINGH S/O Rajesh Kumar Singh R/o village Jarn Chaurania, P.S. Gayghat, District - Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending his arrest in Sakari P.S. Case No. 149 of 2018 registered under Section 394 of the Indian Penal Code.
Allegedly, the bag of the informant containing cash Rs. 10.19 was looted away by four unknown persons. The informant
Patna High Court CR. MISC. No.8653 of 2021(2) dt.18-01-2022 2/3 is said to have been assaulted also.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the prosecution case, the bag of the informant containing cash Rs. 10.19 was looted away by four unknown persons. The name of the petitioner has transpired in this case on the basis of confessional statement of the coaccused recorded u/S 161 Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any looted article from possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.8653 of 2021(2) dt.18-01-2022 3/3 Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 149 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T