Ranbir Kumar Singh Alias Ranbir Singh Alias Chotu Alias Joker Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Appeal (D.B.) No.1173 of 2024

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Ranbir Kumar Singh @ Ranbir Singh @ Chotu @ Joker (aged about 25 years), s/o late Pantu Singh, r/o village Babhnawai, PO-Hazaribag, PS-Hazaribagh (M) District-Hazaribagh … … Appellant

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Ram Lakhan Yadav, Advocate For the Respondent : Mr. Rakesh Ranjan, A.P.P.

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Order No.4 / Dated:14^th October, 2024

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1. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 24.05.2024 passed by the learned Sessions Judge, Hazaribag in Misc. Cr. Appeal No.954 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. No.97 of 2023 arising out of Korra P.S. Case No.125 of 2021 registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1AA), 25(1B) (a), 26, 35 of the Arms Act has been rejected.

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2. Learned counsel appearing for the appellant has submitted that it is a case where the appellant has falsely been implicated.

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3. The submission has also been made that no case has been made out against the appellant because nothing incriminating has been recovered and seized from his conscious possession. It has further been submitted that the appellant has no concern with the present crime and on the basis of the confessional statement of the co-accused persons, he

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has been apprehended in the present case.

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4. The further submission has been made on behalf of the appellant that the co-accused, namely, Sumit Raj, who arrested on the spot, has been granted bail vide order dated 10.02.2022 passed in B.A. No.258 of 2022 and another co-accused, namely, Shubham Kumar @ Laddu has been granted bail vide order dated 08.04.2022 passed in B.A. No.2595 of 2022 by this Court.

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5. It has further been submitted that the appellant is in custody since 16.03.2022. It has also been contended that a charge-sheet has already been submitted in the present case.

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6. Based on the aforesaid grounds, learned counsel for the appellant has submitted that the impugned order may be interfered with.

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7. While on the other hand, learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the appellant by submitting that in the case-diary, there is sufficient and cogent material against the appellant in the alleged crime.

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8. This Court has heard learned counsel for the parties and gone across the impugned order rejecting the prayer for regular bail of the appellant, case diary and the criminal antecedent report of the appellant.

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9. It appears from the materials available on record that the coaccused persons, namely, Sumit Raj and Shubham Kumar @ Laddu, who arrested on the spot, have been enlarged on bail in B.A No. 258 of 2022 and in B.A. No.2595 of 2022 respectively, by this Court.

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10. This Court, on consideration of the fact that the co-accused persons against whom there was main allegation have been granted bail by a co-ordinate Bench of this Court, is of the view that the impugned order needs to be interfered with.

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11. Regard being had to the facts and circumstances of the case, this Court is of the view that for the aforesaid reasons, the impugned order needs to be interfered with.

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12. Accordingly, the order impugned dated 24.05.2024 passed by the learned Sessions Judge, Hazaribag in Misc. Cr. Appeal No.954 of 2024 in connection with S.T. No. 97 of 2023 arising out of Korra P.S. Case No.125 of 2021, is, hereby, quashed and set aside.

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13. In view thereof, the instant appeal stands allowed.

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14. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Hazaribag in connection with S.T. No.97 of 2023 arising out of Korra P.S. Case No.125 of 2021, subject to the conditions that the appellant shall co-operate in the trial

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and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned

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trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

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15. I.A., if any, stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Navneet Kumar, J.)

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Sudhir

Ranbir Kumar Singh Alias Ranbir Singh Alias Chotu Alias Joker v. the State of Jharkhand

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Ranbir Kumar Singh Alias Ranbir Singh Alias Chotu Alias Joker v. the State of Jharkhand

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