Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80079 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Ranjit Kumar son of Shekhar Sharma @ Chandrashekhar Sharma villageBidupur Bazar, P.S. -Bidupur, District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-02-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out of Bidupur Police Station Case No. 21 of 2024, disclosing offences under Section 414, 420, 467, 468, 34 of the Indian Penal Code.
3. As per the FIR, on 08.01.2024, the police got the information that several stolen trucks in connection with Nemdarganj, District-Nawada, P.S. Case No. 02 of 2024, 03 of 2024, 04 of 2024 and 08 of 2024 were being sold by changing their registration numbers and for verification of the information, the police proceeded towards the place of occurrence. The police reached in the garage of the petitioner's father where work was in progress in relation to changing the
2/4 number plates of three trucks which were identified by its owners. The petitioner along with co-accused Krishnandan Kumar were arrested from the garage of the petitioner. The petitioner and other co-accused disclosed that the trucks were handed over to them by co-accused and garage owner/Guddu Mistri.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he along with his father have been running garage for the last many years. He further submits that in the FIR, it has been alleged that three stolen trucks were recovered from the garage of the petitioner but in the seizure list, only two trucks have been seized by the police. According to the FIR, raid was conducted on 08.01.2024, but the seizure list was prepared after three days on 11.01.2024. The petitioner is running the garage for repair of the vehicles and was not aware about the stolen trucks being brought in the garage of the petitioner. The criminal antecedent, as referred in paragraph 2 of the petition will go to show that the petitioner was made accused in short span of time in four cases registered in Nawada district in which petitioner is not named and he has subsequently been made accused after alleged recovery of trucks from his garage. Petitioner is in
3/4 custody since 02.03.2024. There is no likelihood that the petitioner will abscond or tamper with the evidence.
5. This Court by its order, dated 17.01.2025, had called for the report regarding the stage of trial and in pursuance thereof, Chief Judicial Magistrate, Vaishali at Hajipur, has furnished the report stating therein that case is pending for examination of prosecution witnesses and there are altogether nine charge-sheeted witnesses but none has been examined as yet.
6. Regards being had to the submissions made by the parties and taking into consideration the period of custody and the fact that no prosecution witness has been examined for the last one year, I am inclined to grant regular bail to the petitioner.
7. This application is, accordingly, allowed.
8. 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection to the Bidupur Police Station Case No. 21 of 2024
9. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part
4/4 to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) HarshPandey/- U T