Ranveer Kumar Yadav @ Ranveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66815 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== RANVEER KUMAR YADAV @ RANVEER KUMAR SON OF KRISHNA MOHAN YADAV R/O VILL.- JIRWA, WARD NO. 03, P.S.- SHANKARPUR, DISTT.- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Shankarpur P.S. Case No. 107 of 2021 dated 18.07.2021 registered for the offence under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

The case relates to recovery of one country made pistol along with one live cartridge according to the F.I.R. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of the co-accused, Bandhan Kumar @ Ranjan Kumar. He further submits that it appears form the F.I.R. and the seizure list that nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.66815 of 2022(5) dt.21-04-2023 2/3 Therefore, no case is made out against the petitioner under the Arms Act. Save and except suspicion, no cogent material has surfaced in this case against the petitioner suggesting his involvement in the alleged occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. Moreover, similarly situated coaccused, namely, Bandhan Kumar @ Ranjan Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 31.08.2022 passed in Cr. Misc. No. 29851 of 2022 and the case of the petitioner stands on similar footing. The petitioner is rotting in judicial custody since 07.02.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Additional District and Sessions Judge-I, Madhepura pending in connection with Shankarpur P.S. Case No. 107 of 2021 arising out of S.T. No. 254 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.66815 of 2022(5) dt.21-04-2023 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T