Allowed

Ranjeet Kumar @ Ranjeet Yadav v. the State of Bihar

Patna HC11 May 2023CR. MISC./11535/2023

Case brief

AI extract

What is this about?

Regular bail petition in Chandi P.S. Case No. 274 of 2022 under Section 392 IPC for alleged snatching of a motorcycle and mobile phone. The petitioner was not named in the FIR and was implicated via a co-accused's confession with no recovery or TIP. The High Court granted bail with conditions on trial attendance, no tampering, and antecedent verification.

What the court decided

AI extract

Ranjeet Kumar @ Ranjeet Yadav Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11535 of 2023

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Arising Out of PS. Case No.-274 Year-2022 Thana- CHANDI District- Bhojpur

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======================================================

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RANJEET KUMAR @ RANJEET YADAV S/O BINOD SINGH Resident of Village- Jogta, P.S.- Chandi, District- Bhojpur at Ara.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 11-05-2023

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Let the defects, as pointed out by the office, be removed within a period of four weeks from today.

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Petitioner seeks bail, who is in custody since 19.11.2022 in connection with Chandi P.S. Case No. 274 of 2022, F.I.R. dated 28.10.2022 for the offences punishable under Section 392 of the Indian Penal Code.

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According to prosecution case, on 28.10.2022 at 9.45 P.M. in the night when the informant returning his home on his motorcycle from duty then four bike-borne persons arrived there and forcibly snatched away the motorcycle and mobile of the informant.

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.11535 of 2023(3) dt.11-05-2023 2/3

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petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused namely, Tuntun and except the confessional statement of co-accused namely, Tuntun no other cogent material has come during investigation against the petitioner. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 19.11.2022.

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The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, 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 satisfaction of the learned Additional Chief Judicial Magistrate-V, Bhojpur at Ara in connection with Chandi P.S. Case No. 274 of 2022, subject to the following conditions:-

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Patna High Court CR. MISC. No.11535 of 2023(3) dt.11-05-2023 3/3

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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.

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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.

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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.

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(Rajesh Kumar Verma, J)

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mdrashid/-

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U T

Ranjeet Kumar @ Ranjeet Yadav v. the State of Bihar

Case brief

What is this about?

What the court decided

Ranjeet Kumar @ Ranjeet Yadav v. the State of Bihar

Case brief

What is this about?

What the court decided

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