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Patna High CourtCR. MISC./53999/2017bail granted

Ranjeet Mandal @ Ranjeet Don v. The State Of Bihar

2017-11-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53999 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -KAJRA District- LAKHISARAI ====================================================== Ranjeet Mandal @ Ranjeet Don, Son of Sri Shivdani Mandal, R/o MohallaBodh Nagar, P.S.- Ramgarh, District- Lakhisarai, At Present R/o Babua Bazar, Piri Bazar, P.S.- Piri Bazar, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate. Mr. Rabi Bhushan, Advocate.

For the Opposite Party/s : Mr. Shyameshwar Dayal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kajra P.S. Case No. 45 of 2016 registered under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

The petitioner along with other accused persons is said to have kept captive two Delhi based businessmen at Hill located in village Mahua Koal and resorted firing upon the police party. Out of them, two accused persons Pintu Kumar and Sintu Kumar were apprehended by the police who disclosed the name of the petitioner as their accomplice in the occurrence. Some fire arm

Patna High Court Cr.Misc. No.53999 of 2017 (2) dt.13-11-2017 2/2 and ammunition have been recovered from the apprehended accused persons as well as at the place of occurrence. Anyhow the victims were released from the hiding place.

It is submitted by learned counsel for the petitioner that the petitioner was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. He has been named in the case merely on the basis of confessional statement of co-accused. The allegation levelled against the petitioner is not specific rather omnibus. He has been enlarged on bail in the kidnapping case of the aforesaid victims lodged vide Hawai Adda P.S. Case No. 170 of 2016 by a co-ordinate Bench of this Court in Cr. Misc. No. 2115 of 2017 vide order dated 31.07.2017. The petitioner has been languishing in custody since 15.11.2016.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-III, Lakhisarai in connection with Kajra P.S. Case No. 45 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T