Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62907 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- SIMRI District- Buxar ====================================================== RANJAN KUMAR S/o Late Badri Kunwer R/o village- Dumri, P.S.- Simri, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Simri P.S. Case No. 156 of 2021 for the offence registered under Sections 457 and 380/34 of the Indian Penal Code. The case of the prosecution, in brief, is that while the informant had gone to Ara, some miscreants had committed theft in the house of the informant. It is alleged that when the informant returned back to her house, she found that various articles including jewelry, cash amount etc. had been stolen. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 17.08.2021. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case of the year

Patna High Court CR. MISC. No.62907 of 2021(2) dt.04-04-2022 2/3 2013, in which he is on bail, however, otherwise he is having a fair antecedent. It is further submitted that the FIR has been filed belatedly i.e. after two days of the alleged incident. The learned counsel for the petitioner has also submitted that no material whatsoever has transpired during the course of investigation so as to implicate the petitioner in the alleged crime more so since none of the looted articles have been recovered from the house of the petitioner or his possession and merely on suspicion he has been implicated in the present case. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner has admittedly been implicated in the present case merely on suspicion and moreover, no stolen articles have been recovered either from the conscious possession of the petitioner or from his house apart from the fact that he is languishing in custody since about seven months, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed

Patna High Court CR. MISC. No.62907 of 2021(2) dt.04-04-2022 3/3 to 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 Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 156 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T