Ranjeet Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57209 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== RANJEET BAITHA, aged about 25 years, gender-male, S/o Indradev Baitha R/o village- Laxmipur Ward No. 05, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State of Bihar. The petitioner seeks bail in connection with Sonbarsa PS Case No. 253 of 2020 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code. The informant's house has been looted by 25-30 unknown miscreants.
Learned counsel for the petitioner submits that on the alleged confessional statement of co-accused, he has been dragged in this case by the police on account of his antecedents, 5 (five) in numbers, as per disclosure made in para 03(three) of the bail petition. His arrest has led to no recovery from him or at his instance. He has not been put on Test Identification Parade ( for brevity 'TIP') and he is in custody since 13/05/ 2022. In the five cases pending against him since before, he is on bail.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, nature of accusation and the petitioner's period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the
Patna High Court CR. MISC. No.57209 of 2022(2) dt.18-01-2023 2/2 petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 the learned CJM Sitamarhi, in connection with Sonbarsa PS Case No. 253 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T