An accused is entitled to bail if there is no recovery from him to connect him with the alleged occurrence and he has been in custody for a significant period of time.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52937 of 2022

Arising Out of PS. Case No.-843 Year-2020 Thana- KUDHNI District- Muzaffarpur

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

Ranjit Sah, aged about 40 years, Son of Kailash Sah R/O Village- Shahpur

Bujurg, P.S.- Patehpur, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP

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

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

2

09-01-2023

Heard learned counsel for the petitioner and the learned APP

for the State.

The petitioner seeks bail in connection with Kudhani P.S. Case

No. 843 of 2020 registered for the offence punishable under Sections

302, 394, 120 (B) of the Indian Penal Code (for brevity ‘IPC’) and

27 of the Arms Act.

The informant’s brother while returning home, after closing

his shop has been intercepted and looted of the sale proceeds of the

day (5-6 lakhs Rupees). His motor-cycle has also been taken away.

The said brother has also received gun shot injury which had led to

his death.

It is submitted by learned counsel for the petitioner that First

Information Report (for brevity F.I.R.) is against unknown persons.

The petitioner’s name has been stated by co-accused, Amarjeet

Kumar, who has been allowed bail in Cr. Misc No. 41640 of 2021.

While allowing the bail to co-accused, this Court has considered the

material in the investigation that firing has been attributed to co-

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accused Pappu Kumar.

It is also submitted that there is no recovery from the

petitioner so as to connect him with the alleged occurrence. He has

one criminal antecedent in Mushahari P.S. Case No. 118 of 2021.

The petitioner is in custody in connection with this case since

13.08.2021.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, manner of petitioner’s

implication, the fact that no recovery has been attributed from him

,the period of custody and maintaining parity with co-accused

Amarjeet Kumar, this Court, for the purposes of grant of bail, is

inclined to accept the submissions advanced by the petitioner’s

counsel. Prayer for bail of the petitioner is allowed.

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 Judicial

Magistrate, Ist Class, West, Muzaffarpur, in connection with P.S.

Case No. 843 of 2020, 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.

This Court would expect that the petitioner’s counsel would

honour his undertaking in the instant proceedings regarding supply of

the requisite court fee etc. within two weeks from the date he is

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called upon to do so by the office.

rajkishore/-

(Madhuresh Prasad, J)

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