Ranjeet Kumar @ Guddu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14806 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- CHHABILAPUR District- Nalanda ====================================================== RANJEET KUMAR @ GUDDU MUKHIYA Son of Late Badri Prasad Resident of Village - Chandaura, P.S.- Chhabilapur, District - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302 & 120 B of the Indian Penal Code and Section 27 of the Arms Act.

While the husband of the informant was going to Biharsharif Court to attend the date along with his family members on 02.08.2019 at 9:30 AM and when they reached east from the village, west from Satokhari, then one Scorpio came there from which Nitish Yadav, Jugesh Yadav, Aklesh Yadav, Mukesh Yadav, Ramashraya Yadav, Ram Prit Yadav and Ravi Yadav came out with country made pistol. The petitioner was

Patna High Court CR. MISC. No.14806 of 2020(3) dt.10-09-2020 2/3 driving the Scorpio and was speaking to kill him with abusive words upon which Nitish Yadav fired upon the head of the informant's husband and he died on the spot.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics and political rivalry. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the police after investigation has submitted final form against the petitioner showing the case untrue/fake. The petitioner was not present at the place of the occurrence at the time of occurrence. No independent witness has supported the case of the prosecution. It is also submitted that from the prosecution case itself and the evidence of restatement of the informant, it transpires that save and except the suspicion, there is no iota of evidence against the petitioner. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.14806 of 2020(3) dt.10-09-2020 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrte-V, Nalanda at Biharsharif in connection with Chhabilapur P.S. Case No. 113 of 2019, G.R. No.4258 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Trivedi/- U T