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Patna High CourtCR. MISC./63047/2022bail granted

Ranjit Bind @ Ranjit Mahto v. The State Of Bihar

2023-02-07Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63047 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MANJHI District- Saran ====================================================== RANJIT BIND @ RANJIT MAHTO, Son of Radha Bind @ Radha Mahto, R/V- Mubarakpur, Bintoliya, P.S- Manjhi, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 71 of 2021 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. As per prosecution case, it is alleged by the informant Umesh Bind @ Dablu Bind that on 11.03.2021 around 10:30 AM when his brother Basant Bind was sleeping in his house after taking meal, then all the accused persons including the petitioner having lathi and iron rod in their hands came and started assaulting, during which he fell down. The informant intercepted to save his brother but the accused persons did not relent. When the informant was taking his brother to Manjhi Hospital, then also the accused persons intercepted the vehicle. The informant, however, brought his brother

Patna High Court CR. MISC. No.63047 of 2022(2) dt.07-02-2023 2/3 to Hospital but his brother had died on the way and the doctor declared him brought dead.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons. Specific allegation is only against Guddu Bind, who has been allowed bail along with co-accused Sunil Bind in Cr. Misc. No. 51897 of 2021. It is further submitted that police after completion of investigation submitted chargesheet against the petitioner. The petitioner, having clean antecedents, is in custody since 08.06.2022. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, nature of accusations, clean antecedents, claim based on parity, and period of custody of the petitioner, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-13, Chapra, Saran, in connection with Manjhi P. S. Case No.

Patna High Court CR. MISC. No.63047 of 2022(2) dt.07-02-2023 3/3 how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T