Sadhu @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4785 of 2021 Arising Out of PS. Case No.-112 Year-2018 Thana- AMBA District- Aurangabad ====================================================== Sadhu @ Ranjit Kumar Son of Jayram Ram @ Jayraj Ram Resident of Village - Maksudpur, Police Station- Khizarsarai and District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, A.P.P. .
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2021 Heard Mr. Manish Kumar No. 2, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Amba P.S. Case No. 112 of 2018 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Subsequently converted into Section 379 and 420 of the Indian Penal Code 1860.
The allegation as per the First Information Report is that a sum of Rs.1,05,000/- was withdrawn by some unknown person from the bank account of the informant fraudulently. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and the
Patna High Court CR. MISC. No.4785 of 2021(3) dt.24-06-2021 2/3 First Information Report has been lodged against unknown persons. Learned counsel further submits that during course of investigation two accused persons namely, Nitesh Kumar @ Venkatesh Kumar and Pankaj Malakar were arrested by the Police who confessed their guilt and disclosed the name of the petitioner and except the confessional statement of the coaccused persons, no material has come against the petitioner to connect him in the present offense. Learned counsel also submits that the co-accused persons Ritesh Kumar @ Venkatesh Kumar and Pankaj Malakar have been granted regular bail by co-ordinate Benches of this Court in Cr. Misc. 20020 of 2019 and 24864 of 2019 respectively. Learned counsel next submits that the petitioner is in custody since 21.9.2020 and no incriminating article has been recovered from possession of the petitioner. Learned counsel next submits that the petitioner was remanded in this case from Khizersarai P.S. Case No. 320 of 2018.
Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the co-accused persons on whose confessional statement, the name of petitioner transpired in this case have been granted regular bail by co-ordinate Benches of this Court, I am inclined
Patna High Court CR. MISC. No.4785 of 2021(3) dt.24-06-2021 3/3 to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty fivet thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S. Case No. 112 of 2018. subject to the following conditions:- (i) That one of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) That the petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T