Ranjit Kumar @ Ranjit Mahto vs The State Of Bihar
2021 Latest Caselaw 690 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37572 of 2020
       Arising Out of PS Case No.-26 Year-2020 Thana- DUMRA District- Sitamarhi
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Ranjit Kumar @ Ranjit Mahto, age about 25 years (M) Son of Bechan Mahto Resident of Village- Sonbarsa Ward No. 1, PS Sonbarsa, District- Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Mahendra Thakur, Advocate
For the State            :        Ms. Sangita Sharma, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Mahendra Thakur, learned counsel for the

petitioner and Ms. Sangita Sharma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Dumra

PS Case No. 26 of 2020 dated 22.01.2020, instituted under

Section 379 of the Indian Penal Code.

3. The petitioner though not named in the FIR, lodged

for theft of the motorcycle of the informant, has been made

accused on the basis of confessional statement of co-accused

which was followed by his confessional statement also.

4. Learned counsel for the petitioner submitted that the

FIR itself has been lodged after 8 days for which there is no Patna High Court CR. MISC. No.37572 of 2020 dt.05-02-2021

explanation. It was further submitted that neither the motorcycle

nor recovery of any stolen item has been made from his

possession. Learned counsel submitted that though the petitioner

has been named in two other cases but he has been implicated

falsely without there being any evidence in the same. Learned

counsel submitted that the petitioner is in custody since

02.06.2020.

5. Learned APP submitted that the petitioner and co-

accused have confessed to his complicity.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Sitamarhi in Dumra PS Case No. 26 of 2020 subject to

the conditions (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii) that

the petitioner shall also give an undertaking to the Court that he

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions Patna High Court CR. MISC. No.37572 of 2020 dt.05-02-2021

of the bonds or the undertaking shall lead to cancellation of his

bail bonds. The petitioner shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T