Rajeev Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10340 of 2022 Arising Out of PS. Case No.-126 Year-2019 Thana- BIND District- Nalanda ====================================================== RAJEEV RANJAN KUMAR Son of Ram Pratap Mahto Resident of VillageMohdipur, P.S.- Bind, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
: Mr. Ritwik Thakur, Adv.
For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No. 426/2021 arising out of Bind P.S. Case No. 126/2019 lodged under Sections 147, 149, 341, 323, 302, 307, 504, 506, 509 the Indian Penal Code, 1860.
As per allegation made in the FIR, it has been informed by the informant who is wife of the deceased that the petitioner and others visited to her house and were searching for her husband when they did not find him in the house they assaulted her and subsequently they went in search of her husband. It has been alleged that accused persons including the present petitioner assaulted by means of lathi-danda etc. due to
Patna High Court CR. MISC. No.10340 of 2022(2) dt.23-06-2022 2/3 which the deceased succumbed by injuries and during treatment the informant's husband died.
Learned counsel for the petitioner submits that the allegation made against the petitioner and other accused persons are general and omnibus. He also submits that charge sheet has already been submitted in this case and the case has been committed for trial. He further submits that there was a long pending land dispute between the parties. He further submits that the petitioner is in custody since 15.03.2021 and having no criminal antecedent. He further submits that similarly situated co-accused has been granted provisional bail by co-ordinate Bench of this Court vide order dated 12.01.2022 passed in Cr. Misc. No. 21196/2021. He further submits that another coaccused, namely, Nande Chaudhary has also been granted bail vide order dated 27.01.2021 passed in Cr. Misc. No.32423/2020. The learned A.P.P. for the State vehemently opposed the prayer for bail on the ground that there is allegation of assaulting against the present petitioner but he admits that on assault by ladith-danda etc. and the allegations are general and omnibus in nature.
In the facts and circumstances of the case that charge sheet has already been submitted, petitioner is in judicial
Patna High Court CR. MISC. No.10340 of 2022(2) dt.23-06-2022 3/3 custody 15.03.2021, other co-accused were granted provisional bail and regular bail by this court and having clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge, Biharsharif, Nalanda in connection with Sessions Trial No. 426/2021 arising out Bind P.S. Case No. 126/2019.
(Dr. Anshuman, J) amitkumar/- U T