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Patna High CourtCR. MISC./68846/2021bail granted

Ranjay Singh @ Budaa Singh v. The State Of Bihar

2022-07-21Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67781 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- MURAR District- Buxar ====================================================== Ramesh Kumar Singh, S/O Late Vijay Kumar Singh, R/o village- Ariaon, P.S.- Krishna Brahm, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68846 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- MURAR District- Buxar ====================================================== Ranjay Singh @ Budaa Singh, S/o Abhimanu Singh, R/o village- Ariwao, P.S.- Krishnabrahm, District- Buxar (Bihar) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67781 of 2021) For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP (In CRIMINAL MISCELLANEOUS No. 68846 of 2021) For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioners seek bail in

2/4 connection with Murar P.S. Case No. 80 of 2021 registered for the alleged offences under Section 394 of the Indian Penal Code.

The prosecution case is that unknown miscreants assaulted the informant and snatched his bag containing Rs. 1,73,805/-. The name of the petitioners came up as accused during investigation.

The learned counsels for the petitioners submit that the petitioners are innocent and have been falsely implicated in this case. The petitioner Ramesh Kumar Singh has been named in this case on the basis of his confessional statement, but nothing incriminating has been recovered from his person or possession. In his confessional statement, he allegedly named the petitioner Ranjay Singh as well. Again nothing has been recovered from the conscious possession of this petitioner and he has been made accused only on suspicion. It has further been submitted on behalf of the petitioners that the petitioners have not been put to Test Identification Parade and even the motorcycle from which the alleged offences stated to have been committed was not put to any Test Identification. Moreover, recovery of motorcycle and bag have been shown from coaccused Sadhu Yadav. The petitioners have not been arrested

3/4 from the spot and except for the confessional statement, there is no material against them. The petitioners are in custody since 20.09.2021.

It has been submitted on behalf of the petitionerRanjay Singh @ Budaa Singh that the mother of this petitioner expired on 12.07.2022 and the last rituals will be performed on 24.07.2022. So, this petitioner may be released provisionally till 27.07.2022.

Learned APP opposes the prayer for bail made on behalf of the petitioners submitting that they have been arraigned on their confessional statement and the co-accused has also named them. The learned APP further submits that the petitioners are having number of criminal antecedents. Perused the records.

Having regard to the submissions made hereinabove and considering the fact that the charge-sheet has been submitted in this case and further considering the period of custody of the petitioners, they are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Buxar, in connection with Murar P.S. Case No. 80 of 2021, subject to the following

4/4 conditions :

(i) The bail bond of the petitioners will 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 date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.

However, in view of the fact that mother of petitionerRanjay Singh @ Budaa Singh expired on 12.07.2022 and the last rituals will be performed on 24.07.2022, the petitioner, namely, Ranjay Singh @ Budaa Singh is directed to be released on provisional bail till 27.07.2022 and he must surrender before the court below on or before completion of provisional bail period.

(Arun Kumar Jha, J) balmukund/- U T