Ranjan Kumar @ Lolha @ Loha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64905 of 2024 Arising Out of PS. Case No.-282 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ranjan Kumar @ Lolha @ Loha S/O Sri Raghunath Bhagat Resident of Village- Adharpur, P.S- Muffasil, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Muffasil Samastipur Police Station Case No. 282 of 2021 dated 22.06.2021, disclosing offences under Sections 147/148/149/341/323/324/307/302/354/380/435/436/452/ 427 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner and other co-accused persons entered into the house of the informant, dragged family members along with mother of the informant and assaulted her brutally due which she died and one another person, namely, Md. Anwar, cousin brother of the informant, was
2/4 also dragged and assaulted by means of knife due which he died in the incident. It is a case of double murder.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous dispute and there is a case and counter case between the parties inasmuch as from the side of the petitioner one person has also died, for which First Information Report has been lodged on 21.06.2021 bearing Muffasil Samastipur Police Station Case No. 280 of 2021, for murder of brother of the petitioner by the informant's family. He next submits that the allegation against the petitioner is that he tried to drown the mother of the informant in water, but cause of death is different than due to drowning. He further submits that similarly situated co-accused, Raghunath Bhagat, Naresh Bhagat, Bhola Bjhagat, Madan Bhagat, Lakhan Bhagat, Ram Swaraj Bhagat, Manish Bhagat and Raju Bhagat have been granted bail by Co-ordinate Benches of this Court. He next submits that petitioner is in custody since 11.03.2024, and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
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5. Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 11.03.2024, charge-sheet has already been submitted and similarly situated co-accused persons have been granted bail by this court, I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
7. 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 2nd Additional Chief Judicial Magistrate, Samastipur, in connection with Samastipur Muffasil Case No. 282 of 2021, subject to the conditions that (1) the 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 his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the court below, and (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation
4/4 of bail.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √