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Patna High CourtCR. MISC./13509/2022allowed

Ranjan Kumar v. The State Of Bihar

2022-08-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13509 of 2022 Arising Out of PS. Case No.-215 Year-2020 Thana- DIGHWARA District- Saran ====================================================== 1.

RANJAN KUMAR S/o Pawan Rai R/o Village - Shitalpur Chhatar Chapra, P.S.- Dighwara, District - Saran.

2.

Rahul Kumar S/o Suresh Rai R/o Village - Shitalpur Chhatar Chapra, P.S.- Dighwara, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 323, 341, 324, 307, 379, 504 and 506 of the Indian Penal Code. The allegation against the petitioners is that they along with other co-accused persons pulled out five persons from a tempo and assaulted them badly. It is further alleged that the

Patna High Court CR. MISC. No.13509 of 2022(2) dt.04-08-2022 2/3 petitioners snatched a gold chain and Rs.1000/- from the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no allegation against the petitioners to assault any person by means of any weapon. The specific allegation is against the co-accused namely Vicky Kumar. Petitioners have no criminal antecedent, as also mentioned in para-3. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a general and omnibus allegation against the petitioners, let the above named petitioner be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor

Patna High Court CR. MISC. No.13509 of 2022(2) dt.04-08-2022 3/3 Court in Dighwara P.S. Case No.215 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T