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Patna High CourtCR. MISC./1306/2018bail granted

Ranjan Singh v. The State Of Bihar

2018-02-15Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1306 of 2018 Arising Out of PS.Case No. -306 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ranjan Singh son of Rambabu Singh resident of village - Narkatiya (Parsaumikhem), P.S. - Chakiya, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.09.2017 in connection with Chanpatia (Sirisiya) P.S. Case No. 306/2015 for offences punishable under Section 395 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had collected money on behalf of one Sanjay Kumar Jhunjhunwala and was carrying Rs. 4,35,000/- along with a cheque of Rs. 1,30,000/- two miscreants intercepted his motorcycle and snatched the money, the cheque and the mobile. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.1306 of 2018 (3) dt.15-02-2018 2/3 petitioner that he is innocent, not named in the First Information Report and his name surfaced only on the confessional statement of co-accused Vikash Kumar. He submits that nothing has been recovered from his conscious possession, no T.I. Parade has been done so far and that charge-sheet has already been submitted. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in two more cases of similar nature. Considering the facts and circumstances and the materials on record as well as the period of custody, 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 5th, Bettiah, West Champaran, in connection with Chanpatia (Sirisiya) P.S. Case No. 306/2015, subject to the conditions that:

(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

Patna High Court Cr.Misc. No.1306 of 2018 (3) dt.15-02-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T