Ranjit Kumar @ Ranjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59437 of 2021 Arising Out of PS. Case No.-100 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RANJIT KUMAR @ RANJIT KUMAR SINGH Son of Shyam Narayan Thakur Resident of Village - Pachrukhi, P.S. - Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar,Adv For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Sadar P.S.Case No.100 of 2019 registered for the offence under Sections 395 and 397 of the Indian Penal Code. The allegation is regarding six unknown miscreants having committed dacoity in the Muthoot Finance Company Ltd. Branch situated at Bhagwanpur Chowk and are said to have taken away gold and cash amount of Rs. 2,00,000/- from the strong room.

2/4 Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has falsely been implicated in the present case. He further submits that nothing has been recovered from possession of the petitioner. He further submits that till date no T.I. Parade conducted by the prosecution. He further submits that the name of the petitioner has transpired on the basis of the confessional statement of coaccused, namely, Subhash Kumar Jha and Alok Kumar. He further submits that the police, after investigation, submitted chargesheet against the petitioner under Sections 395,397, 412 and 120(B) of the Indian Penal Code. He further submits that co-accused, namely, Abhishek Kumar has been granted bail vide order dated 16.10.2019 in Cr. Misc. No.

34406 of 2019, coaccused, namely, Alok Kumar Pathak has been granted bail vide order dated 24.11.2020 in Cr. Misc. No.30278 of 2020, Coaccused, namely, Pradeep Kumar Rai @ Pradeep Kumar has been granted bail vide order dated 20.06.2019 in Cr. Misc. No.37319 of 2019 and Aashish Kumar Singh @ Aashiqui @ Aashish Kumar has been granted bail vide order dated 02.03.2020 in Cr. Misc. No.14325 of 2020 by different Coordinate Benches of this Hon'ble Court and the petitioner is in custody since 16.03.2020.

3/4 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries eight more cases other than the present one.

Considering the facts and circumstances of the case, 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 each to the satisfaction of learned 14th Additional Sessions Judge, Muzaffarpur in connection with Sadar P.S.Case No.100 of 2019 with the following conditions:-

(1) 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.

(2) 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.

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

4/4 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