Allowed¶21

Ranjay Bind @ Ranjit Singh v. the State of Bihar

Patna HC1 Apr 2024CR. MISC./4822/2024

Case brief

AI extract

What is this about?

Bail granted; CR. MISC. No.4822 of 2024; High Court of Judicature at Patna; Rudra Prakash Mishra, J.; decided 01-04-2024; Maranchi P.S. Case No. 132 of 2022, District Patna; Sections 147, 148, 149, 323, 307, 506 Indian Penal Code; Section 27 Arms Act; general and omnibus allegation; informant not eye-witness; four-day delay in FIR; nine criminal antecedents; custody since 04.10.2023; parity with co-accused Vikko Nishad (S. Tr. No. 124 of 2023); bail bond Rs.10,000 with two sureties; conditions including family bailor and trial attendance with cancellation liberty.

What did the court decide?

Bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to the stated conditions, in connection with Maranchi P.S. Case No. 132 of 2022. ¶21

Ranjay Bind @ Ranjit Singh Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, arraigned in Maranchi P.S. Case No. 132 of 2022 for offences under Sections 147, 148, 149, 323, 307, 506 IPC and Section 27 of the Arms Act, should be released on bail.

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Court's answer

Having heard rival contentions and considering the entire facts and circumstances and the period of custody, the Court directed release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Maranchi P.S. Case No. 132 of 2022.

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Ratio / Principle

The bail was made subject to conditions: (i) one of the bailors shall be an own/close member of the petitioner's family, and (ii) the petitioner shall appear on each and every date fixed at the trial, failing which, on default on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.) allowed the bail application of Ranjay Bind @ Ranjit Singh in Crime arising out of Maranchi P.S. Case No. 132 of 2022 (offences under Sections 147, 148, 149, 323, 307, 506 IPC and Section 27 of the Arms Act). The FIR was lodged on the direction of a higher police official with no independent eyewitness; the informant was not an eye-witness; no injury or recovery from the place of occurrence was pointed out; there was a four-day delay in lodging the FIR; the petitioner had nine criminal antecedents but had been in custody since 04.10.2023, and co-accused Vikko Nishad had already been bailed by the lower court in S. Tr. No. 124 of 2023. Bail ordered on a personal bond of Rs.10,000/- with two like sureties, one bailor to be a close family member, and with liberty to the Trial Court to cancel the bonds for absence on two consecutive trial dates.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4822 of 2024

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Arising Out of PS. Case No.-132 Year-2022 Thana- MARANCHI District- Patna

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

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Ranjay Bind @ Ranjit Singh Son of Late Asharfi Bind Resident of Village - Janjira Diyara, Dumra, P.S. - Maranchi, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Kashyap, Adv. For the Opposite Party/s : Mr.Shailendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 01-04-2024

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Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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The petitioner seeks bail in connection with Maranchi P.S. Case No. 132 of 2022 instituted for the offences under Sections 147, 148, 149, 323, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.

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As per prosecution case, the police, on receipt of secret information regarding incident of firing between the criminals Ranjay Bind (petitioner) and Vikko Nishad, reached near Dumara, Janjira Diyara but, due to fear, no one stated anything about the occurrence. It has further been stated that the petitioner Ranjay Bind is an absconder of Panch Mahala O.P. and so many criminal cases are pending against him. Vikko

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Patna High Court CR. MISC. No.4822 of 2024(3) dt.01-04-2024 2/3

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Nishad is also criminal of Simariya area. It is alleged that the firing took place between both the parties but, not a single person lodged the F.I.R. rather, on the direction of the higher police official, the Informant lodged the F.I.R. against them.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that there is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus. The Informant also is not the eye-witness. In the firing, no one received injury and, hence, Section 307 of the I.P.C. is not made out against the petitioner. As nothing has been recovered from the place of occurrence, Section 27 of the Arms Act also not made out against him. He further submits that there is delay of four days in lodging the F.I.R. without any explanation which itself falsifies the prosecution case. He further points out that co-accused Vikko Nishad has already been granted bail by the lower court in connection with S. Tr. No. 124 of 2023. The petitioner has altogether nine criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 04.10.2023.

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Patna High Court CR. MISC. No.4822 of 2024(3) dt.01-04-2024 3/3

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maranchi P.S. Case No. 132 of 2022, subject to following conditions;

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(i) One of the bailors shall be own/close member of the family of the petitioner.

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(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Ranjay Bind @ Ranjit Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjay Bind @ Ranjit Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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