Ranjeet Kumar Sahani @ Ranjit Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67742 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Ranjeet Kumar Sahani @ Ranjit Sahani Son of Baidyanath Sahani R/VMukundpur, P.S- Mushahari, Dist- Muzaffarpur, Bihar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Ms. Rupa Kumari, learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Bochhan P.S. Case No. 38 of 2022, registered for the offence punishable under Section 392 of the Indian Penal Code.
It is alleged that some unknown miscreants entered into the factory of the informant and on the point of pistol committed robbery of Rs.3.5 lakhs cash, mobile and other valuables.
Learned counsel appearing on behalf of the petitioner submits that the FIR has been instituted against unknown miscreants, however, during the course of investigation co-
Patna High Court CR. MISC. No.67742 of 2022(2) dt.27-02-2023 2/3 accused Chandan Kumar was apprehended by the police and the name of the petitioner surfaced on his confessional statement, however, till date, the petitioner has neither put on test identification parade nor any incriminating articles has been recovered from his person or possession. She further submits that on being arrested in connection with the present case the petitioner has also been remanded in Bochhan P.S. Case No. 170 of 2022 and moreover, the petitioner is in custody since 30.06.2022, though the investigation of the crime is already complete and the charge-sheet has been submitted. On the other hand learned APP for the State vehemently opposes the bail application and submits that the name of the petitioner has transpired in the confessional statement of the co-accused person.
Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has neither put on test identification parade nor any incriminating articles has been recovered from his person or possession, though he is in custody since 30.06.2022, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Tanya Patel, learned
Patna High Court CR. MISC. No.67742 of 2022(2) dt.27-02-2023 3/3 Judicial Magistrate-1st Class, Muzaffarpur, in connection with Bochhan P.S. Case No. 38 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) manoj/- U T