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Patna High CourtCR. MISC./2052/2021bail granted

Ranjay Kumar @ Abhishek Kumar v. The State Of Bihar

2021-05-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2052 of 2021 Arising Out of PS. Case No.-813 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== RANJAY KUMAR @ ABHISHEK KUMAR S/o Yugal Kishor Prasad R/o village- Balgovind Bigha, P.S.- Dehri (Town), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-05-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 302/387 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. The husband of the informant disclosed her that the petitioner had caused fire arm injury to him. The disclosure was made when the husband of the informant was getting treatment in the clinic of Dr. Birendra. However, when the injured was being shifted for better treatment to Varanasi, he died on the way. Old enmity is reason behind the occurrence. Submission is that there is nothing on the record to substantiate that the injured was in a fit mental and physical condition to make statement. Besides dying declaration, there is no other evidence. Petitioner is in custody since 20.11.2019.

Patna High Court CR. MISC. No.2052 of 2021(3) dt.21-05-2021 2/2 Investigation of the case is already complete. Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dehri (Town) P.S. Case No. 813 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T