Ranjit Gupta @ Ranjit Kumar Tanti @ Raju vs State Of Bihar

Heard Mr. Prashant Sinha, learned counsel for the petitioner and Mr. Md. Arif, learned In-charge Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Sessions Trial No.52 of 2020 arising out of Katihar Town (Sahayak) PS Case No.577 of 2019 dated

02.09.2019, instituted under Sections 302/34 of the Indian Penal Code.

This is the second attempt for bail by the petitioner as earlier such prayer was rejected on 28.02.2020 by Hon’ble Mr. Justice Vinod Kumar

Sinha, as he then was, in Cr. Misc. No.3581 of 2020.

Learned counsel for the petitioner submitted that though as per the allegation, the petitioner along four others is said to have assaulted the son of the

informant with brickbats resulting in his death during treatment at Siliguri, but there is false implication. It was submitted that the police have no

evidence with regard to initial treatment of the deceased locally at Katihar and even in the hospital at Siliguri, where death occurred, a UD case was

lodged by the informant herself in which only the name of co-accused, Jyotish Kumar, has been taken. Learned counsel submitted that after three

days the present FIR has again been instituted at Katihar. Learned counsel submitted that Jyotish Kumar is the nephew of the petitioner and there is

land dispute between the parties due to which there is false implication of all the persons related to Jyotish Kumar. Learned counsel submitted that

similarly situated co-accused, namely, Pradip Kumar Das has been granted bail by a co-ordinate Bench on 28.05.2020 in Cr. Misc. No.773 of 2020

and another co-accused Pankaj Mandal @ Pankaj Kumar Mandal has been granted bail on 06.01.2021 in Cr. Misc. No.26172 of 2020. It was

submitted that the petitioner is in custody since 12th November, 2019 having no criminal antecedent.

Learned APP submitted that the informant has taken the name of the petitioner as one of the assailants of her deceased son.

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 Additional

Sessions Judge-V, Katihar, in Sessions Trial No.52 of 2020 arising out of Katihar Town (Sahayak) PS Case No.577 of 2019, subject to the conditions

(i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner shall cooperate with the Court. Failure to cooperate shall lead

to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.