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Patna High CourtCR. MISC./59253/2022bail granted

Ranjit Kumar @ Ranjeet Trivedi v. The State Of Bihar

2022-12-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59253 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RANJIT KUMAR @ RANJEET TRIVEDI Son of Kailash Bhagat R/VBhikhanpur, P.s- Ahiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ahiyapur PS case no. 275 of 2021 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding four unknown accused persons having entered the office of the informant, where the informant and other employees were counting cash, whereafter, they had taken out pistol and had looted a sum of Rs. 14 lacs from the counter and godrej almirah, present in the office and thereafter, they had locked the informant and his associates, whereupon they had fled away.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.59253 of 2022(2) dt.23-12-2022 2/3 present case and is languishing in custody since 30.03.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in five other criminal cases but he is on bail in four of them. The learned counsel for the petitioner has also submitted that neither any looted cash amount has been recovered from the petitioner nor any test identification parade has been held so as to connect the petitioner with the alleged crime. It is next submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 26.05.2022, passed in Cr. Misc. no. 19103 of 2022. Lastly, it is submitted that the name of the petitioner has transpired in the present case on account of disclosure made by one another co-accused person namely Aniket Yadav @ Aniket Kumar.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any recovery has been made from the petitioner nor any test identification parade has been conducted so as to connect the petitioner with the alleged crime, though I deem it fit and appropriate to direct for release of

Patna High Court CR. MISC. No.59253 of 2022(2) dt.23-12-2022 3/3 the petitioner on bail, however, subject to certain conditions on account of his bad criminal antecedent.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class (East), Muzaffarpur in connection with Ahiyapur PS case no. 275 of 2021. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T