Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79473 of 2019 Arising Out of PS. Case No.-405 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Ranjit Kumar, Son of Baliraj Mahto, Resident of Village- Ojha Mathia, Police Station- Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Majhauliya P.S. Case No.405 of 2019 registered for the offence punishable under Sections 413, 414 and 382/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of this petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it appears on perusal of the records that the allegation against the petitioner is that he was riding a stolen motorcycle, so far as the allegation of carrying loaded country made pistol it has been specifically alleged that the country made pistol was found from the

Patna High Court CR. MISC. No.79473 of 2019(2) dt.11-12-2019 2/2 possession of co-accused Jhuna Kumar, this petitioner has no criminal antecedent, he has remained in custody since 03.08.2019, the investigation against him is complete and it is not the submission of the State that the release of the petitioner is likely to interfere in course of trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No.405 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T