Ranjit Rai @ Ranjit Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64657 of 2021 Arising Out of PS. Case No.-554 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
Ranjit Rai @ Ranjit Kumar Ray Son of Late Ram Narayan Rai @ late Mandal Rai Resident of Village - Panapur Gaurahi, P.S. - Sadar Hajipur, District - Vaishali.
2.
Vikash Kumar Son of Ranjit Rai @ Ranjit Kumar Ray Resident of Village - Panapur Gaurahi, P.S. - Sadar Hajipur, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, A.P.P.
For the Informant :
Mr. Kamlesh Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.
In the present case, the petitioners seek bail in connection with Hajipur Sadar P.S. Case No. 554 of 2021 registered for the alleged offences under Sections 302, 201 and 120(B) of the Indian Penal Code.
Prosecution case is that the petitioners assaulted and threatened the son of the informant and a few days thereafter the dead body of the son of the informant was recovered floating in a water body and the informant named the petitioners and other co-accused persons for being involved in the murder of his son.
Patna High Court CR. MISC. No.64657 of 2021(4) dt.28-06-2022 2/3 The learned counsel for the petitioners submits that there are F.I.R. itself clear that the petitioners were not the person who last seen with the deceased as the deceased went away with co-accused Arvind Kumar. The petitioners have been falsely implicated in this case merely on suspicion and no material has been found against the petitioners. The petitioners were having no dispute with the deceased as the dispute was said to be with some Prabhat Rai and the deceased was his employee. So it appears to be a false case against the petitioners. Learned counsel for the petitioners further submits that even the postmortem report shows the death was due to Asphyxia caused by drowning and no other injury was referred in the report. The petitioners are father and son and they are in custody since 14.06.2021.
Learned counsel appearing on behalf of the informant and learned A.P.P. for the State have opposed the contention made on behalf of the petitioners. Learned counsel for the informant submits that the petitioners had threatened the deceased though there is no eye witness to the occurrence, the informant has named the petitioner on basis of his suspicion for being involved in the death of this son. Learned A.P.P. for the State submits that the petitioners are having criminal antecedent.
Patna High Court CR. MISC. No.64657 of 2021(4) dt.28-06-2022 3/3 Having regard to the submissions made hereinabove and considering the lack of substantive material showing involvement of the petitioners and further considering the period of custody of the petitioners, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 554 of 2021, subject to the following conditions : (i) The bail bond of the petitioners shall be accepted only after framing of charge, if not already framed. (ii) One of the bailors will be a close relative of the petitioners.
(iii) The petitioners will remain present on each and every day fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) ved/- U T