Ranjit Kumar @ Ranjit Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80144 of 2023 Arising Out of PS. Case No.-550 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Ranjit Kumar @ Ranjit Patel Son Of Ramesh Patel R/O Village- Laptahi, P.S.- Manuapool O.P., District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sujeet Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2024 Heard Mr. Sujeet Kumar, learned counsel for the petitioner and Mr. Anant Kumar 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 15.03.2023 in connection with Yogapatti P.S. Case No. 550 of 2022, F.I.R. dated 13.10.2022 for the offences punishable under Sections 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner has opened fire upon the informant and his brother due to which both of them has sustained injuries and thereafter, the petitioner fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.80144 of 2023(3) dt.05-01-2024 2/3 present case.. He further submits that due to admitted land dispute the present occurrence has been taken place. He further submits that the petitioner and the informant are brother in relation and as per the allegation the petitioner has fired upon the informant and his brother and on other persons but the injury report suggests that the informant has received the greivous injury although the other persons have also received gun shot injury but the injuries are simple in nature. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 15.03.2023.
5. The learned Additional Public Prosecutor on the basis of the material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner supported by the medical evidence and apart from the petitioner carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances and the period of custody, 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
Patna High Court CR. MISC. No.80144 of 2023(3) dt.05-01-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran in connection with Yogapatti P.S. Case No. 550 of 2022, subject to the following conditions:- i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. 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) Vanisha/- U T