Sumit Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58439 of 2024 Arising Out of PS. Case No.-174 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Sumit Ranjan Son of Late Anil Ray @ Anil Kumar Ray R/O Mohalla- R.S. Tank Chattichowk, P.S.- Bahadurpur, Dist.- Darbhanga. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2024 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2.
The petitioner seeks bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code but subsequently Sections 302 and 201 of the Indian Penal Code were added.
3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is next submitted that co-accused Shivam Kumar @ Shivam Raut had approached this court seeking anticipatory bail by filing Cri. Misc No. 51594 of 2024 and the same was allowed by an order dated 148-2024. It is next submitted that while granting anticipatory bail to Shivam, the court had considered the case on merits and in
Patna High Court CR. MISC. No.58439 of 2024(3) dt.22-11-2024 2/3 detail. It is next submitted that the case of the petitioner is on a similar footing.
4.
It is next submitted that in sum and substances, the allegation in the FIR is that the deceased along with the accused persons including the petitioner had gone to celebrate the birthday party of the petitioner but did not return and subsequently, it was found that the son of the informant was murdered, further in the investigation, it transpired when the petitioner confessed that the deceased had come to attend the birthday party carrying a gun and Shivam out of inquisitiveness took the gun from him and started fiddling, but deceased tried to snatch the gun from Shivam when it accidentally fired leading to his death. Learned counsel next submits that the case of the petitioner is on a better footing than that of Shivam and the petitioner is in custody since 7-5-2024 and the charge sheet has been submitted.
5.
It is also submitted at the cost of repetition that the petitioner is a person with clean antecedent and is a young boy and if he remains in judicial custody for a long time, the chances are bright that he may come in contact with hardened criminals which may affect his future prospects.
6.
The learned APP and the learned counsel appearing
Patna High Court CR. MISC. No.58439 of 2024(3) dt.22-11-2024 3/3 on behalf of the informant opposes the regular bail application, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that it was in the confession of the petitioner that name of Shivam had transpired who had been granted the privilege of anticipatory bail.
7.
Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadur P.S. Case No.174/2024.
(Satyavrat Verma, J) SUMIT/- U T