← Library
Patna High CourtCR. MISC./58371/2017bail granted

Chandan Kumar @ Ravi Ranjan @ Ravi Ranjan Sharma v. The State Of Bihar

2017-12-20Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58371 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Chandan Kumar @ Ravi Ranjan @ Ravi Ranjan Sharma son of Sri Kaushal Singh resident of village - Chhoti Tangraila, P.S. - Naubatpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.09.2016 in connection with Naubatpur P.S. Case No. 266/2016 for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that the accused persons came to the house of the informant, called his son Rakesh Kumar @ Kayeel and thereafter the dead body of the son of the informant was found in the morning. It has been submitted by the learned counsel for the petitioner that the allegation upon the petitioner is that he is

Patna High Court Cr.Misc. No.58371 of 2017 (3) dt.20-12-2017 2/3 brother-in-law of one co-accused Vikash Kumar and 10 days back he had threatened the informant's son. He submits that it is only on the basis of suspicion that the petitioner has been made accused and that charge has been framed and petitioner undertakes to cooperate in trial and appear before the trial court on day-to-day basis.

Earlier the petitioner had moved this Court in Cr. Misc. No. 36234 of 2017, which was rejected under order dated 25.08.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and as many as six cases, apart from the present case, are pending against him and that the petitioner was also one of the associates of the accused persons.

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 Addl. Chief Judicial Magistrate-II, Danapur, Patna, in connection with Sessions Trial No. 633/2017, arising out of Naubatpur P.S. Case No. 266/2016, subject to the conditions that:

Patna High Court Cr.Misc. No.58371 of 2017 (3) dt.20-12-2017 3/3

(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 entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T