Ranjit Yadav @ Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63051 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Ranjit Yadav @ Shankar Son of Bindeshwari Yadav R/o vill - Bari Govindpur, P.S. - Dharhara, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kharagpur PS Case No 2 of 2023 dated 01.01.2023 registered for the offence punishable under Section 302/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that in the night of 31.12.2022, the informant was sleeping along with her husband in her house and when she woke up, she did not find her husband on the bed. A search was made but in vain. Subsequently, she came to know that the dead body of her husband was lying in a pond.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.63051 of 2023(2) dt.06-10-2023 2/3 that the petitioner is not named in the F.I.R. His name has transpired on the confessional statement of the co-accused Sashikant @ Sanjay Kumar Raut during the course of investigation before police, which has no evidentiary value in the eyes of law. The co-accused person has been granted bail by a co-ordinate Bench of this Court vide order dated 20.07.2023 passed in Cr. Misc. No. 25943 of 2023. Barring confessional statement, no other material has come suggesting the involvement of the petitioner in the present occurrence. He is in custody since 21.01.2023, and he has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger, in connection with Kharagpur PS Case No 2 of 2023 with the condition that: (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates
Patna High Court CR. MISC. No.63051 of 2023(2) dt.06-10-2023 3/3 without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(ii) If the petitioner is found involved in any other similar nature of case in future, the prosecution will have liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) rohit/- U T