IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.162 of 2011 RANJAN KUMAR Versus THE STATE OF BIHAR ----------- 02 10.02.2011 Heard both sides. Petitioner is aggrieved by order dated 03.09.2010, passed by learned Ist Additional Sessions Judge, Nawadah on his appeal being Cr. Appeal no. 32 of 2010/ 06 of 2010, whereby on a consideration of the materials on record including the allegations and the investigation report, prayer for bail made on behalf of the petitioner has been rejected. Petitioner is facing accusations punishable under Sections 364A, 302 of the Penal Code for kidnapping the son of the informant of Nawada Town P.S. case no. 302 of 2009 for ransom and killing him on receiving part payment of ransom. It appears that on claim raised by him he has already been declared juvenile and is being tried by learned Juvenile Justice Board Nawada. Having found him juvenile on the date of occurrence, (09.08.2009), learned Juvenile Justice Board refused his prayer for bail leading to filing of appeal which was considered and rejected. Learned counsel for the petitioners submits that another co-accused of the present case, namely, Kedar Mahto whose names surfaced in the confessional statement of co- accused Ranjit Kumar has since been released on bail. It is contended that petitioner is in custody/remand home since 2 22.08.2009. Learned A.P.P. appearing on behalf of the State, on the other hand, submits that the manner in which the occurrence has been committed speaks volume about the criminal bent of mind of the petitioner. The son of the informant was missing. A demand on mobile/telephone was made for payment of ransom. Part of the ransom amount was paid yet the victim was not released. Subsequently the dead body of the son of the informant was found deserted at a place. The appellate order indicates that the petitioner played an active role in the commission of the crime. The material against him can be gathered from the submissions advanced by the public prosecutor in the Court below which is extracted hereinbelow:- “ The Addl. P.P. argued before me that this appellant arrested on the basis of the confessional statement of Ranjit Kumar. The kidnapped boy Ashutosh Kr. Pandey was kept in the room of this appellant situated at Sankatmochan old jail Road and this victim boy kept in his room by his consent and of his knowledge and in his confessional statement he said that this appellant kept the said amount of Rs. 1,55, 000/- in his possession. On the basis of the confessional statement of Ranjit Kumar a raid was made at the house of this appellant and three mobiles was recovered out of his possession. This appellant is involved in the kidnapping and a murder of the Ashutosh Ranjan, hence he is not entitled to deserve bail and this appeal may be dismissed.” Learned appellate Court has found that the victim was kept captivated in the room possessed by the petitioner. It further appears that he was instrumental in receiving and 3 carrying part of the ransom amount. The appellate Court, on the basis of materials collected in course of investigation, has found that the petitioner had active association with one Ranjit Kumar who was known criminal. On these findings it has been found and held that his release would defeat the ends of justice and that there is every likelihood of petitioner falling in the company of persons having criminal background. This Court is in agreement with the view taken by learned appellate Court. Prayer for bail is rejected. However, considering the fact that he is in custody /remand home since 22.08.2009, and also the fact that some of the accuseds of the present case have been privileged with bail, this Court grants him liberty to approach the Court for bail if the trial is not taken up and records adequate progress within 07 months from the date of receipt/communication of a copy of this order in the Court below. Sym/ ( Kishore K. Mandal, J.)