Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49726 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Ranjeet Kumar S/O Chhotelal Sah R/O Village- Fatehabad, P.S.- Paroo, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 18.05.2023 in connection with Paroo P.S. Case No. 215 of 2023, F.I.R. dated 15.05.2023 registered for the offence punishable under Sections 341,342,307,504,506,379,34 of IPC.

3. Allegation against the petitioner is that he alongwith co-accused, namely, Satyam Kumar is said to have taken the informant's son with them on pretext of providing food. Thereafter, co-accused persons, namely, Shivam Kumar, Gulshan Kumar and Chhotelal Sah criminally confined him inside the house, snatched his mobile, gold chain, gold erring and started assaulting him till he fell unconscious, and thinking him dead threw him behind the house of Mansoor Alam.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.49726 of 2023(2) dt.17-08-2023 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that from bare perusal of the FIR it appears that there is no accusation of any assault or overt-act attributed against the petitioner rather the same is against co-accused persons, namely, Shivam Kumar, Gulshan Kumar and Chhotelal Sah and allegation against the petitioner is that he alongwith co-accused person, namely, Satyam Kumar is said to have taken the informant's son with them on pretext of providing food and thereafter the present occurrence had taken place and the injury report of the son of the informant suggests that he received six injuries and out of six injuries, injury No.5 is grievous in nature and all other injuries are simple in nature and all injuries are caused by the hard and blunt object and the petitioner is in custody since 18.05.2023.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.49726 of 2023(2) dt.17-08-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 215 of 2023,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T