Amit Ranjan @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8491 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- DUMRAO District- Buxar ====================================================== AMIT RANJAN @ GUDDU Son of Murari Prasad Resident of Mohalla - Civil Line, P.S.- Buxar (Town), Dist.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6195 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- DUMRAO District- Buxar ====================================================== Rajesh Sharma @ Guddu Sharma, Son of Suresh Sharma Resident of VillageThatheri Bazar Ward No. 26, P.S.- Buxar Town, District- Buxar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 8491 of 2021) For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP (In CRIMINAL MISCELLANEOUS No. 6195 of 2021) For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2021 Heard Mr. Kamal Deo Sharma, learned counsel for the petitioner in Cr. Misc. No.8491 of 2021 and Mr. Surendra Kumar Singh, learned counsel for the petitioner in Cr. Misc. No.6195 of 2021 and Mr. Nawal Kishore Prasad, learned A.P.P. for the State in both these cases.

Both these cases arises out of the same P.S, i.e.,

2/4 Dumraon P.S. Case No.270 of 2020, registered for the offence punishable under Sections 365, 302, 201 of the Indian Penal Code, as such, with consent of the parties, both these cases are being disposed by a common order.

The prosecution story in brief is that on 27.07.2020 in the morning, the father of the informant had left his house and was going towards Brahmputra Block but after some time, his mobile was found switched off. It is further stated by the informant that a few days back, the Mukhiya along with another person had threatened his father for not signing the cheque as a Panchayat Secretary.

Learned counsel for the petitioners submits that petitioners are not named in the FIR and the occurrence has taken place on 27.07.2020 in which the informant has raised suspicion against Mukhiya, Ranjeet Chaudhary, only and after lapse of about 14 days, Bharat Choudhary was arrested and his confessional statement was recorded by the police in which Bharat Choudhary has disclosed the name of the petitioners as one of the accomplices in commission of crime. Learned counsel next submits that except confessional statement of the co-accused, no other material has been brought against the petitioner during the course of investigation. Learned counsel

3/4 next submits that Bharat Choudhary has been granted bail by a Coordinate Bench of this Court in Cr. Misc. No.10022 of 2021 and the petitioners are in custody since 09.08.2020 and 20.08.2020 respectively and the charge-sheet has already been submitted in this case by the police.

On the other hand, learned counsel for the State after referring to case diary submits that except confessional statement, no other material is there against the petitioners. Regards being had to the submissions advanced by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by a Coordinate Bench of this Court and the petitioners are in custody since 09.08.2020 and 20.08.2020 respectively and the chargesheet has already been submitted in both these cases, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners in both these Cr. Misc. application, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No.270 of 2020.

It is made clear that at the time of furnishing bail

4/4 bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U