Patna High CourtCR. MISC./58738/2022bail granted

Ranjan Kumar @ Ranjan Rai v. The State Of Bihar

2022-11-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58738 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== Ranjan Kumar @ Ranjan Rai, S/o Sri Naresh RAi R/V- Abhimanpur, P.S.- Aurai, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-11-2022 Heard Mr. Vaidehi Raman Prasad Singh, learned counsel for the petitioner and Ms. Anita Kumari, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurai P.S. Case No. 69 of 2021, for the offence punishable under Sections 420 and 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that vide order dated 15.02.2022 passed in Criminal Miscellaneous No. 45872 of 2021, the petitioner was granted bail subject to the verification of criminal antecedent of the petitioner but due to one more criminal case pending against the petitioner, the petitioner could not be released on bail. Thereafter, petitioner moved before this Court by filing application under Section 482 of the Code of Criminal

Patna High Court CR. MISC. No.58738 of 2022(2) dt.23-11-2022 2/3 Procedure for modification of order dated 15.02.2022 passed in Criminal Miscellaneous No. 45872 of 2021, but petitioner withdrew the said application with liberty to avail appropriate remedy. The bail application of the petitioner was rejected vide order dated 20.09.2022 by the learned Sessions Judge, Muzaffarpur. Even though no substantial progress has taken place in course of trial nor any evidence has come against the petitioner. Learned counsel further submits that the petitioner is in custody since 11.04.2021 and seeks to be released on bail on any conditions imposed by this Court.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner was earlier granted bail vide order dated 15.02.2022 passed in Criminal Miscellaneous No. 45872 of 2021, however, his bail bond was not accepted as incorrect statement was made in paragraph No.3 of the bail application. In the present case petitioner has given correct information regarding pendency of criminal antecedent. From perusal of the record it appears that no substantial progress has taken place in conduct of trial and there is no allegation of tampering the record or influencing the witnesses.

Patna High Court CR. MISC. No.58738 of 2022(2) dt.23-11-2022 3/3 The petitioner, above named, is directed to be enlarged on bail on same terms and conditions as mentioned in order dated 15.02.2022 passed in Criminal Miscellaneous No. 45872 of 2021.

(Purnendu Singh, J) manish/- U T