Ranjan Singh @ Mama @ Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70114 of 2021 Arising Out of PS. Case No.-830 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== RANJAN SINGH @ MAMA @ RANJAN KUMAR SINGH Son of Late Firangi Singh Resident of village - Patkhauli, P.S.- Patkhauli, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 830 of 2019 registered for the offences punishable under Section 394 of the Indian Penal Code. As per prosecution case, on 11.11.2019 at about 11:00 A.M., the informant along with one Rahul Kumar was going to S.B.I. main branch with motorcycle for depositing Rs. 15,00, 000/- of his owner. When the informant reached near Gulabbagh, in the meantime two miscreants came there on a motorcycle and dashed the informant's motorcycle. They tried

2/4 to snatch the bag of the informant in which he kept Rs. 15,00,000/- of his owner. On protest, the miscreants opened fire upon Rahul Kumar due to which he received firearm injury in the waist. It has also been alleged that the miscreants snatched the bag containing money on gun point and fled away from there and nearby people came and rushed the injured person to hospital for treatment.

Learned counsel for the petitioner submits that petitioner bears series of criminal antecedent of similar nature of cases in which he is on bail in five case. FIR has been lodged against unknown and petitioner was made accused on the basis of confessional statement of co-accused Mukesh Kumar Soni and Bittu Singh. Petitioner has been remanded in this case on 19.02.2021 from Bettiah Town P.S. Case No. 116 of 2020 and nothing has been recovered from the possession of the petitioner and petitioner was also not put on TIP. It is further submitted that petitioner is mechanically roped in subsequent cases of similar nature and charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. It is stated that co-accused Mukesh Kumar Soni has already been granted bail by a coordinate bench vide Cr. Misc. No. 17890 of 2020 and the case of the petitioner stands more or less of similar

3/4 footing.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner on the ground of criminal series of the criminal history.

Considering the facts and circumstances of the case as well as period of custody and nothing has been recovered from the possession of the petitioner, charge sheet has already been submitted and argument advanced on behalf of both parties and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 830 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

4/4 (iii) 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.

(Alok Kumar Pandey, J) Gautam/- U T