Ranjan Sah @ Ranjan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54763 of 2022 Arising Out of PS. Case No.-258 Year-2020 Thana- JOGBANI District- Araria ====================================================== RANJAN SAH @ RANJAN KUMAR SAH S/O SITA RAM SAH @ SEETARAM SAH Resident of village- Majhua Chaura Parwaha (Miyan Hat), Ward No- 09, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
1.THE STATE OF BIHAR
2. Gunjan Kumar Sony, Son of Late Ramdev Prasad Swarnkar, R/o VillageChini Mill Road, Banmankhi, P.S.-Banmankhi, District-Purnea. At presentR/o Sangam Manager Bharat Financial, Inclusion Ltd., Pokhar Basti, Forbesganj, P.S.-Forbesganj, District-Araria. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail, who is in custody since 28.03.2022 in connection with Jogbani P.S. Case No. 258 of 2020, F.I.R. dated 12.11.2020 registered for the offence punishable under Section 392 of Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant whereafter they are stated to have snatched a sum of Rs. 2,14,863/- from the informant apart from snatching his Samsung tablet and BIO Metric machine and then they had fled away.
2/4 Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired, during investigation, on the basis that the statement of the petitioner was recorded in Paliganj P.S.Case No.196 of 2022 and on that basis the petitioner has falsely been implicated in the present case and except the statement of the petitioner, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present case and the coaccused persons, namely, Aman Kumar @ Abhishek Kumar and Sonu Kumar Paswan @ Sonu Kumar have been granted bail by different Coordinate Benches of this Hon'ble Court vide orders dated 06.04.2022 and 09.06.2022 passed in Cr.Misc. Nos.
58000 of 2021 and 2718 of 2022 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 28.03.2022.
3/4 mentioned in para-3 of the bail petition and supplementary affidavit.
Considering the aforesaid facts, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-V, Araria in connection with Jogbani P.S. Case No. 258 of 2020, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T