Ranjan Kumar @ Ranjan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47446 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== RANJAN KUMAR @ RANJAN KUMAR YADAV, Son of Dani Lal Yadav @ Dani Yadav, Resident of Village-Pilakhwar, P.S.-Rajnagar, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ugranath Mallik, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Rajnagar P.S. Case No. 300 of 2021, dated 25.10.2021 registered for the offence(s) punishable under Sections 341, 323, 504, 506, 324, 325, 308 and 379/34 of the Indian Penal Code.
3. This is second attempt of the petitioner for the relief of regular bail as his earlier prayer was rejected by this Bench vide order dated 04.04.2023 passed in Cr. Misc. No. 46158 of 2022 preferred by this petitioner and co-accused.
4. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. petition for the relief of regular bail which was rejected by this Court and co-accused Dani Lal Yadav who was also a
Patna High Court CR. MISC. No.47446 of 2023(2) dt.25-08-2023 2/3 petitioner in the said miscellaneous petition was granted a liberty to renew his prayer for bail after framing of charge and in the light of the said liberty he has been granted bail. It is further submitted that the petitioner has been languishing in jail since 10.03.2023 and his trial has commenced and upon him, the charges were framed on 25.04.2023 and thereafter several attempts have been taken by the trial court to get the appearance of the prosecution's witnesses but till date no prosecution witness has appeared and in this regard relevant ordersheets of the trial Court have been filed as Annexure-3 series which goes to show that, after the framing of charge, more than six dates have passed, even then no prosecution witness has turned up and in this matter a good sense has prevailed in between both the parties and they have filed a compromise petition on 06.07.2023.
5. Learned APP appearing for the State has opposed the prayer for bail.
6. Considering the above submissions and mainly the custody period of the petitioner and also, the prosecution's lingering attitude in producing its witnesses as appears from Annexure-3 series, this Court is of the opinion that in the said circumstances, the petitioner now deserves to the privilege of
Patna High Court CR. MISC. No.47446 of 2023(2) dt.25-08-2023 3/3 bail. 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 concerned Court in connection with Rajnagar P.S. Case No. 300 of 2021.
(Shailendra Singh, J.) Maynaz/- U T