Rangeela Ram @ Rangila Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6539 of 2024 Arising Out of PS. Case No.-124 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== Rangeela Ram @ Rangila Kumar Son Of Late Badri Ram R/O-Japteli, P.S.- Parbatta, Distt.-bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-02-2024 Heard Ld. counsel for the Petitioner and Ld. APP for the State.
2. The Petitioner apprehends his arrest, in connection with Parbatta P.S. Case No. 124 of 2022, dated 10.10.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 447, 504 and 506 of the Indian Penal Code.
3. The prosecution case as emerges from FIR is that one Rangila Ram used to abuse villagers in intoxicated state which gave rise to a dispute and as a result Deepak Kumar sustained injury. It is also alleged that the accused persons arrived with lathi and danda and abused the informant and her family members.
4. Ld. counsel for the Petitioner submits that the
Patna High Court CR. MISC. No.6539 of 2024(2) dt.17-02-2024 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the there is case and counter case. There was free fight between both the sides and both the sides have lodged criminal case, punishable under same sections against each other and both the sides suffered simple as well as grievous injury.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It is also stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
8. In view of the fact that there is free fight and injury on the both the sides, this application is allowed, directing the Petitioner, above-named, to be enlarged on bail in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Chief Judicial Magistrate-III, Naugachia, District Bhagalpur, in connection with
Patna High Court CR. MISC. No.6539 of 2024(2) dt.17-02-2024 3/3 Parbatta P.S. Case No. 124 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and the following conditions:
(i) In case, it is brought to the notice of the court below that the Petitioner has given wrong statement regarding his criminal antecedents, Ld. court below shall cancel the bail bond of the Petitioner after hearing them and getting satisfied that the Petitioner had concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the Petitioners.
9. Ld. counsel for the Petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) chandan/- U T