Ranjan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46652 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Ranjan Kumar Yadav, S/o Hari Nath Rai, R/o village - Rampur Shyam Chand, P.S. Raghopur, District - Vaiashali.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in GRP Bakhtiarpur (Barh) P.S. Case No. 26 of 2015 registered for the offence punishable under Section 395 of the Indian Penal Code.
Allegedly, for committing dacoity in general compartment of Delhi-Malda Town Farakka Express, the case was registered against five unknown persons and during investigation, the petitioner stated that about six months earlier he has given his SIM of Aircel to Kanchan Kumar Yadav and the said SIM was being used in one of the looted Samsung mobile by Rajeev Kumar Yadav and Raushan Singh.
Submission is of false implication and that from the statement of the petitioner, it does not reveal that he was involved in
Patna High Court Cr.Misc. No.46652 of 2015 (3) dt.11-01-2016 2/2 committing the dacoity, nothing has been recovered from his conscious possession, only on the basis of the statement of the petitioner made before the Police, he has been made accused, no mobile has been recovered from anyone and the petitioner is suffering in custody without any legal and cogent evidence since 22.06.2015. He has not been put on T.I.P. and, as such, he deserves sympathetic consideration. The learned A.P.P. fairly submits that from the statement of the petitioner also it does not reveal that he was involved in the said dacoity.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Patna in connection with GRP Bakhtiarpur (Barh) P.S. Case No. 26 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) manish/- U T