Ranjay Kumar And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.5546 of 2016 (2) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5546 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================

1. Ranjay Kumar

2. Sanjay Singh @ Sanjay Kumar Singh Both are Sons of Ganesh Singh @ Ganesh Prasad Singh Resident of Village - Ibrahimpur, P.S. - Kachhwa, District - Rohtas.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Subash Kumar, Advocate For the Opposite Party : Mr. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2016 Heard learned counsel for the petitioners, learned counsel for the Informant and learned counsel for the State. The petitioners are apprehending their arrest in connection with Kachhwa P.S. Case No. 54 of 2015 pending in the Court of Judicial Magistrate, Ist Class, Bikramganj, Rohtas for the offences instituted under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

Prosecution case is that on protest being made for cutting the edge of the land of the informant co-accused Pradeep Kumar4 Gullu assaulted on the hand of the informant with sword when son of the informant came to rescue then co-accused Santosh Kumar assaulted with farsa on his head. It is further alleged that when

Patna High Court Cr.Misc. No.5546 of 2016 (2) dt.06-04-2016 elder brother of the informant came to rescue then he was also assaulted by the accused persons.

It has been submitted on behalf of the petitioners that there is no specific allegation alleged against the petitioners. Petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against them. On behalf of the State and the counsel for the Informant, it has been submitted that the petitioners have criminal antecedent and the anticipatory bail of the other co-accused, namely, Ganesh Singh @ Ganesh Prasad Singh has been rejected by this Court vide Cr.Misc.No.3277 of 2016 on 21.01.2016.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioners on anticipatory bail, the same is rejected.

Anyhow, if the petitioners surrender in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U