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Patna High CourtCR. MISC./44939/2023bail granted

Ranjeet Kumar Yadav @ Ranjeet Kumar v. The State Of Bihar

2023-07-27Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44939 of 2023 Arising Out of PS. Case No.-522 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ranjeet Kumar Yadav @ Ranjeet Kumar, Son of Shiv Prasad @ Shiv Prasad Chaudhari, Resident of Village- Sonhulla, P.S.- Gopalpur, Dist- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sessions Trial No. 194 of 2023 arising out of Kuchaikote P.S. Case No. 522 of 2021 dated 07.12.2021 registered for the offences punishable under Section 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the FIR was registered against unknown persons and during investigation the name of this petitioner surfaced in the confessional statement of co-accused persons namely Raghaav Prasad Gupta @ Raghav Gupta @ Baidya Jee and Akshay Yadav who have been granted bail by different Benches of this Court vide orders passed in Cr. Misc.

Patna High Court CR. MISC. No.44939 of 2023(2) dt.27-07-2023 2/3 Nos. 49526/2022 and 48981/2022 respectively and except the statement made by both the co-accused persons, there is no any material against this petitioner to connect him to the alleged occurrence of murder and while rejecting the petitioner's prayer, the learned Trial Court also placed reliance upon the confessional statement of said co-accused persons. Further submissions are that the petitioner has fair and clean antecedent and after his arrest he was not put on Test Identification Parade and co-accused Akshay Yadav confessed that he killed the deceased on account of taking Supari from co-accused Raghaav Prasad Gupta @ Raghav Gupta @ Baidya Jee and there was dispute in between the deceased and co-accused Raghaav Prasad Gupta @ Raghav Gupta @ Baidya Jee on account of purchasing of land. Further submissions are that the petitioner has been languishing in jail since 10.05.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the privilege of bail having been granted to above-mentioned coaccused persons by different co-ordinate Benches of this Court and as per the above submission, the petitioner's name came into

Patna High Court CR. MISC. No.44939 of 2023(2) dt.27-07-2023 3/3 light in the confessional statement of two co-accused persons mentioned-above, who are on bail and while rejecting the petitioner's bail prayer, the learned Trial Court mainly placed reliance upon the confessional statement of above-mentioned co-accused persons and also taking into account the petitioner's custody period and completion of the investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 Court concerned in connection with Sessions Trial No. 194 of 2023 arising out of Kuchaikote P.S. Case No. 522 of 2021. (Shailendra Singh, J) annu/- U T