Ranjeet Kumar Mehata v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43056 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== RANJEET KUMAR MEHATA, Son of Vijay Mehata @ Vijay Kumar Mehta, Resident of Village - Sarsota,@ Kharsauta @ Jarsota, P.S.- Manjhiwion, Distt.- Gadhawa (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mehandia P.S. Case No. 116 of 2021 registered for the offence punishable under Section 392 of the Indian Penal Code.

The informant has alleged that four unknown miscreants have snatched his vehicle, cash, mobile phone etc. from him and his driver.

Learned counsel for the petitioner submits that the petitioner has four antecedents. Based there on, his implication has been ensured in this case, which is based only on his confessional statement, as is apparent from the order dated 12.05.2022 of the learned Additional Sessions Judge- IX, Jehanabad, rejecting the petitioner's prayer for bail. There is no reliable or cogent material to indicate the petitioner's participation in the alleged occurrence. There is no recovery from him and he has not been put on test identification

Patna High Court CR. MISC. No.43056 of 2022(3) dt.09-02-2023 2/2 parade but continues to be in custody since 17.01.2022. Moreover, investigation is also complete.

Learned APP for the State has opposed the prayer for bail. It is submitted that the petitioner has four antecedents and his participation has emerged in the course of investigation. Considering the rival submissions, period of custody and the fact that FIR is against unknown persons and petitioner's implication is founded mainly on his confessional statement, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 C.J.M., Arwal, in connection with Mehandia P. S. Case No. 116 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T