Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56791 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Ranjan Kumar Son of Ravindra Paswan R/V- Village- Surajnagar Semra Makhdumpur, P.S.- Barhara, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barahara P.S. Case No. 176 of 2024 instituted for the offences under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3.

Prosecution case, in short, is that, police on the basis of secret information that some miscreants are planning to commit crime, raided the place and apprehended three accused persons including this petitioner. On search one loaded country made pistol was recovered from the possession of the petitioner. 4.

Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.56791 of 2024(3) dt.30-08-2024 2/3 No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner was not assembled at the place for commission of any loot rather they were going to their relative's house, and on the way, the scuffle took place with the truck drivers who were creating nuisance for loading the sand and, thereafter, the police started lathi-charge which created rampant and due to which petitioner also started fleeing away from the place of occurrence but on suspicion, have falsely been implicated in the present case. Learned counsel further submitted that petitioner has not committed any overt act. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.05.2024 and have no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 07-08-2024, passed in Cr. Misc. No. 54308 of 2024. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.56791 of 2024(3) dt.30-08-2024 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barahara P.S. Case No. 176 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T