Allowed bail petition challenging the petitioner's implication in a murder case. Ordered release on bail with conditions and a bond of Rs 10,000 subject to nearness of relative.
Released on bail with bond of Rs 10,000 and two sureties of like amounts subject to conditions regarding representative presence and address change notification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 82510 of 2019
Arising Out of PS. Case No.-174 Year-2017 Thana- UJIYARPUR District- Samastipur
======================================================
RANJIT RAY @ RANJIT YADAV Son of Late Shivajee Ray Resident of Village - Rajajan, P.S.- Mohiuddin Nagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== For the Petitioner/s : Mr.Saket Tiwary For the Opposite Party/s : Mr.Rajeev Nayan (App 231) ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER
2 12-12-2019
Heard learned counsel for the petitioner and the learned
APP for the State.
The petitioner seeks bail in Ujiyarpur Police Station (for brevity, PS ) Case No 147 of 2017 (5133017170174), Sessions Trial No 572 of 2018 instituted for the offence under Section(s) 302/34, 120B of Indian Penal Code and Section 27 of Arms Act.
The accused is in custody since 03.01.2019. It is submitted that he is neither named in the first information report (for brevity, FIR ) nor any suspicion has been raised upon him in the FIR. It is only at a later stage that father of the deceased has cast suspicion on the petitioner, based on which he has been implicated in this case. The FIR alleges that the victim had disclosed the name of one Rina Kumari and the informant had attributed some motives against Jitendra Sah @ Jitendra Kumar, both of them have been granted bail by this Court in Cr Misc No
Patna High Court CR. MISC. No.82510 of 2019(2) dt.12-12-2019 2/2
5551 of 2018 and Cr Misc No 36736 of 2018 respectively. The petitioner has no criminal antecedent and there is no allegation of tampering with the evidence of the witness.
Considering the aforesaid, let the petitioner, above named, 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 Additional Sessions Judge, Dalsingsarai in connection with Ujiyarpur PS Case No 147 of 2017 (5133017170174), Sessions Trial No 572 of 2018 subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H. /-
U
1 issue framed by the court
Whether to release the petitioner on bail in the murder and arms offence case.
RANJIT RAY @ RANJIT YADAV
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
