Ranjan Rai @ Benga Rai @ Benga Gope @ Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38659 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -PIRBAHOR District- PATNA ====================================================== Ranjan Rai @ Benga Rai @ Benga Gope @ Ranjan Kumar, S/o Sakal Rai, R/o Sabajpura, P.S.-Phulwari Sharif, District-Patna (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pirbahore P.S. Case No. 90 of 2016 instituted for the offence under Sections 387/34 and 120(B) of the Indian Penal Code.
It has been submitted that petitioner is not named in the written report. His name has surfaced in the confessional statement of co-accused Ajit Kumar Singh recorded by the police in paragraph-7 of the case diary. It has further been submitted that co-accused Pinku Yadav @ Tinku Yadav with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 15.11.2016 passed in Cr. Misc. 44147 of 2016. In the written report it is alleged that one Chhotu told the informant that he is brother of Ritlal Yadav. He made demand of Rs.80,00,000/- to allow the informant to apply for tender.
Patna High Court Cr.Misc. No.38659 of 2017 (2) dt.22-08-2017 2/2 The learned Sessions Judge has mentioned in the impugned order that name of this petitioner has surfaced in the confessional statement of co-accused Ajit Kumar Singh, as mentioned in paragraph-7 of the case diary.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Pirbahore P.S. Case No. 90 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T