Ranjit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38823 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Ranjit Rai son of Lalan Rai, resident of Village- Bhada P.S. Harisidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 13.03.2018 in connection with Harsidhi P.S. Case No. 54 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code. Later on, Section 411 of the Indian Penal Code was also added.

The prosecution case, as lodged by the informant, is that his motorcycle has been stolen from near a kirana shop. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information

Patna High Court Cr.Misc. No.38823 of 2018(2) dt.09-07-2018 2/2 Report and his name surfaced only on the confessional statement of co-accused Sonu Sahani before the police, which has no evidentiary value in the eye of law. He submits that nothing has been recovered from his possession and that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 54 of 2018, subject to the conditions that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T