Ranjay Kumar @ Ranjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70858 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Ranjay Kumar @ Ranjay Yadav Son Of Baleshwar Yadav R/O Vill - Dhanauja, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Laukahi P.S. Case No.129 of 2023, lodged on 12.05.2023, under Sections 25(1-b)A/26/35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against three named accused persons including the petitioner, from whose possession one live cartridge has been recovered.
4. Learned counsel for the petitioner submits that from the seizure list it transpires that there persons were arrested upon chase by the police. From the possession of co-accused Kamlesh Kumar Yadav one pistol and live cartridges were recovered whereas from the possession of the petitioner and two
Patna High Court CR. MISC. No.70858 of 2023(2) dt.07-11-2023 2/3 other co-accused only one live cartridge each has been recovered. Counsel further submits that the petitioner is in custody since 13.05.2023 having no criminal antecedent. He further submits that other similarly situated co-accused from whose possession one live cartridge has been recovered has been granted bail by a coordinate Bench of this Court vide order dated 12.10.2023 passed in Cr. Misc. No.65099 of 2023.
5. Learned counsel for the State opposes the prayer for bail but submits that it transpires that other co-accused have been granted bail from whose possession one live cartridge have been recovered.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No. 129 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.70858 of 2023(2) dt.07-11-2023 3/3 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T