Abhijeet Ranjan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45071 of 2017 Arising Out of PS. Case No.-217 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== 1.

Abhijeet Ranjan, son of Sri Dilip Kumar Das, resident of Mohalla- Gandhi Murti, Road No.2, Patel Nagar, Police StationShastri Nagar, District- Patna- 800 023. 2.

Sunny Kumar, son of Sri Anil Kumar Mahto @ Anil Mahto, resident of 829/605, Pirmuhani, Lane- 3 In front of Devi Dayal High School, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Rama Kant Sharma , Sr. Counsel Sri Murari Prasad Sinha, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Rama Kant Sharma, learned senior counsel, assisted by Sri Murari Prasad Sinha, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, apprehending their arrest in Patliputra P.S. Case No. 217 of 2017 (SPL - 3390 of 2017) registered for the offence under Section 420, 379, 120(B) of the Indian Penal Code, 1860, Section 66 (C ) of the I.T. Act and Section 37(A)(B)/ 38 (1)(2) of the Bihar Prohibition and Excise Act, 2016 have prayed for grant of bail in the event of their arrest or surrender.

At the very outset, learned counsel for the petitioners has drawn my attention to the statement made in paragraph no. 3

Patna High Court Cr.Misc. No.45071 of 2017(2) dt.17-10-2017 2/3 of the petition to show that petitioners are having clean antecedent. He further submits that it is a peculiar case in which a raid was conducted in a flat from where some persons while taking drink were arrested and petitioners were implicated on the basis of confessional statement of the co- accused. Though no material has been collected, but petitioners' office i.e. call centre was raided by the police and their computers were also seized but even after seizure no material was collected showing involvement of the petitioners and petitioners have maliciously been made accused.

Considering the nature of accusation as well as the fact that petitioners' name as accused has surfaced on the basis of confession of the co -accused, there is no reason to refuse the prayer for anticipatory bail to the petitioners. Accordingly , in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Abhijeet Ranjan and Sunny Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - VIIIth - cum - Special Judge, Excise, Patna / concerned court in connection with Patliputra P.S. Case No.

Patna High Court Cr.Misc. No.45071 of 2017(2) dt.17-10-2017 3/3 217 of 2017 ( SPL - 3390 of 2017) subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T