Patna High CourtCR. MISC./43038/2025bail granted

Ranjit Bind v. The State Of Bihar

2025-07-07Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43038 of 2025 Arising Out of PS. Case No.-27 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Ranjit Bind S/o Late Mukhtar Bind @ Mukesh Bind Resident of Village - Khagaur, P.S. - Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2025 Heard Mr. Rabi Bhushan, learned counsel for the petitioner as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 26.02.2024 in connection with Kiul P.S. Case No. 27 of 2022, F.I.R. dated 22.02.2022 for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, the informant alleged that the petitioner alongwith other co-accused persons entered the house of the informant and asked her father-in-law to accompany them to repair their hand pipe. On refusal, the accused persons compelled him to move on gun point and at a distance of about 200 fit, the accused persons fired upon her

2/4 father-in-law.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. He further submits that the petitioner is not named in the FIR and the name of the petitioner has been transpired merely on the basis of confessional statement of coaccused persons, namely, Shiva Kumar and Sujit Kumar and the said Shiva Kumar has been granted the privilege of bail by this Court vide order dated 11.04.2023 in Cr. Misc. No. 74743 of 2022 and other similarly situated co-accused person, namely, Md. Raja @ Md. Jamiruddin has been granted the privilege of bail by the co-ordinate Bench of this Court vide order dated 12.04.2023 in Cr. Misc. No.

7734 of 2023 and from bare perusal of the FIR it is appears that specific allegation of firing is attributed against co-accused, namely, Ravikant Yadav, Chhotu Kumar @ Manish, Manikanat Yadav and Jonshan. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 26.02.2024.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and

3/4 submits that the petitioner carries four criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.

6. Considering the aforesaid facts and circumstances and the fact that the petitioner is not named in the FIR and his name has been transpired merely on the basis of confessional statement of co-accused person and similarly situated coaccused persons have been granted the privilege of bail, 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 the learned Chief Judicial Magistrate, Lakhisarai in connection with Kiul P.S. Case No. 27 of 2022, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.

4/4 iii. 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) Suruchi/- U T