Ramfal Ranjan Kumar @ Rifal Ranjan @ Babua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55111 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- ROSHANGANJ District- Gaya ====================================================== RAMFAL RANJAN KUMAR @ RIFAL RANJAN @ BABUA S/O RAJENDRA MAHTO @ RAJENDRA PRASAD R/o village - Bihargain, P.S.- Roshanganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Anant Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Roshanganj P.S. Case No. 32 of 2021 instituted for the offences under Sections 379, 413, 414, 279, 337 and 427 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and has antecedent of five cases.
The informant alleges that the petitioner was apprehended with a stolen motorcycle loaded with Mahua flower which the petitioner was going to sell.
Patna High Court CR. MISC. No.55111 of 2021(2) dt.21-02-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and the motorcycle which is alleged to be stolen was given to him by a friend and the petitioner was not aware that the motorcycle was stolen one.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that from the impugned order dated 18.06.2021, it manifests that the person who had sworn affidavit in the bail application before the learned court below was directed to deposit a cost of Rs.2,000/- on the ground of suppression of material fact i.e. with regard to criminal antecedent of the petitioner, it is thus submitted that there is no averment in the bail application that the cost as directed by the impugned order dated 18.06.2021 has been deposited in favour of DLSA, Gaya.
Considering the fact that the petitioner is in custody and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sherghati, Gaya in connection with Roshanganj P.S. Case No. 32 of 2021, with condition that one of the bailors shall be the father of the petitioner, namely, Rajendra Mahto @
Patna High Court CR. MISC. No.55111 of 2021(2) dt.21-02-2022 3/3 Rajendra Prasad and, in the event, if the petitioner is implicated in a case of similar nature, the learned court below will be at liberty to cancel the bail bond of the petitioner. Further the petitioner will be released only after it is ascertained that in terms of the order dated 18.06.2021, the person who had sworn affidavit has deposited the cost of Rs.2,000/- in favour of DLSA, Gaya. If the cost has not been deposited then the petitioner shall be released only after depositing the cost. (Satyavrat Verma, J) Kundan/- U T