Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72710 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

Ranjan Kumar Son of Shiv Shankar Chaudhary @ Shiv Shankar Sahani R/O- Mahespur, P.S- Piyar, District- Muzaffarpur 2.

Guddu Kumar Son of Bhola Mahto R/O- Mahespur, P.S- Piyar, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioners and Mr. Bharat Lal learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. The case of the prosecution is that on 31.03.2024 at about 9:22 P.M., the informant was counting the cash at his petrol pump. At that time, two nozzle men namely, Nirupam Kumar and Vidyanand Kumar were present. In the meantime, on a black colour HF Deluxe bike, three miscreants arrived there and out of two were armed in their hands. They entered in the houseoffice and on the point of gun, they looted a cash of

Patna High Court CR. MISC. No.72710 of 2024(3) dt.23-01-2025 2/3 Rs. 4,31,935/- and fled away. It is further alleged that one of them was wearing black tea shirt and black jeans and the second one was wearing blue shirt and black jeans.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. From perusal of the FIR itself, it is clear that the name of these petitioners has surfaced on the basis of the confessional statement given in Warisganj P.S. Case No. 67 of 2024. Regarding recovery, from perusal of the seizure, it transpires that the bike which has been recovered is not the same which was used in the commission of offence and also clothes are not the same. From perusal of the case diary, it is clear that none of the articles which were recovered put on Test Identification Parade (TIP). Moreover, the petitioners are languishing in judicial custody since 05.07.2024

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioners have one criminal antecedent.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chackmehsi P.S. Case No. 50 of 2024

Patna High Court CR. MISC. No.72710 of 2024(3) dt.23-01-2025 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur.

(Ashok Kumar Pandey, J) Jagdish/- U