Ayush Ranjan @ Aditya Ranjan @ Praja Paswan @ Pragya Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55923 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ayush Ranjan @ Aditya Ranjan @ Praja Paswan @ Pragya Paswan Son of Vimal Kumar RESIDENT OF VILLAGE -JHAJHARA, POLICE STATIONKUSHESHWAR ASTHAN, DISTRICT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 137/2024 arising out of Kusheshwar Asthan P.S. Case No. 356/2023 lodged on 31.10.2023 under Section 399/402 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act
3. As per the prosecution case, F.I.R. has been lodged against eight named accused persons including the present petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the criminal antecedent of the petitioner is
Patna High Court CR. MISC. No.55923 of 2024(2) dt.07-08-2024 2/3 clean and the petitioner is in custody since 31.10.2023. He further submits that the recovery of arms has been recovered from the possession of the co-accused Md. Dilshad. He further submits that charge sheet has already been framed in this case and one co-accused has been granted bail by this Hon'ble Court vide order dated 14.03.2024 passed in Cr. Misc. No. 17807 of 2024.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Benipur, Darbhanga in connection with Sessions Trial No. 137/2024 arising out of Kusheshwar Asthan P.S. Case No. 356/2023 subject to the condition laid down under Section 437(3) of the Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.55923 of 2024(2) dt.07-08-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Sunnykr/- U