Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58334 of 2015 Arising Out of PS.Case No. -500 Year- 2015 Thana -MANER District- PATNA ====================================================== Ranjan Kumar Son of Ashok Rai Resident of Village -Mahinawan, P.S. Maner, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Supplementary affidavit has been filed on behalf of the petitioner stating therein that the same informant has filed three cases and in all the three cases, after completing investigation final form was submitted and, as such, pairvikar of the petitioner does not reveal about the same, let it be kept on the record.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Maner P.S. Case No. 500 of 2015 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 379, 307, 325, 337, 448 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.58334 of 2015 (2) dt.03-02-2016 2/3 Allegedly, in the occurrence the petitioner assaulted Ajay Kumar, the brother of the informant with garasa on his head causing cut and bleeding injury and then co-accused Ashok Rai assaulted him with rod.

Submission is of false implication and that there is case and counter case, the petitioner has not repeated the blow and, as such, no offence under Section 307 IPC is made out, two injuries have been found on the person of Ajay Kumar, out of which injury no. 2 is simple caused by hard and blunt substance and regarding injury no. 1, opinion has been kept reserve but no C.T. scan report has come, the informant has filed earlier three cases but in those cases, final form was submitted and, as such, the petitioner deserves sympathetic consideration. as he is in custody since 16.11.2015.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that in two cases, final form has been submitted and protest petition is pending and in Maner P.S. case no. 369 of 2014 the allegation has been found true in non-cognizable offence.

In the facts and circumstances stated above, considering that chargesheet has already been submitted, there is case and counter case and, as such, the petitioner, is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.58334 of 2015 (2) dt.03-02-2016 3/3 sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Danapur at Patna arising out of Maner P.S. Case No. 500 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T