Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16883 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
RAUSHAN KUMAR S/O Kansi Ray @ Kanshilal Ray R/O Village- Chak, Bijgani, P.S- Hajipur Sadar, District of Vaishali 2.
Mantosh Kumar S/O Vanshi Ray R/O Village- Chak, Bijgani, P.S- Hajipur Sadar, District of Vaishali 3.
Naresh Rai @ Updrav Rai S/O Mana Ray R/O Village- Chak, Bijgani, P.SHajipur Sadar, District of Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Advocate For the State :
Dr. Indiwar Kumari, APP For the Informant :
Mr.Ranjit Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Hajipur Sadar P.S. Case No.553 of 2022, registered for offences under Sections 147, 149, 341, 323, 307, 354(B), 379 and 504 of the IPC.
The allegation is regarding the accused persons including the petitioners herein having arrived at the house of the informant on the alleged date and time of occurrence, whereafter
2/4 they had not only abused the informant, but had also assaulted her and her husband. Admittedly, the petitioners no.2 and 3 have not been alleged to have engaged in any sort of specific overt act, while the petitioner no.1 is stated to have only caught hold of the hair of the informant and dragged her. However, specific allegation is on the co-accused persons, namely, Kanshi Ray and Ravi Kumar, who are alleged to have assaulted the husband of the informant by an iron rod, resulting in him sustaining grievous injuries as also the coaccused person, namely, Ranjan Kumar, is alleged to have stabbed the informant by knife in his abdomen and that is why, it is pointed out that their prayer for grant of anticipatory bail has stood rejected by this Court, vide order dated 16.05.2023, passed in Cr. Misc. No.69687 of 2022. The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case. The learned counsel for the petitioners has further submitted that as far as the petitioners
3/4 no.2 and 3 are concerned, they are having clean antecedent, however the petitioner no.1 is an accused in one another case, but he is on bail in the said case. It is further submitted that a general and omnibus allegation has been levelled against the petitioners and the main accused are Kanshi Ray, Ravi Kumar and Ranjan Kumar.
Per contra, the learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail, however, it is not in dispute that the main accused persons are Kanshi Ray, Ravi Kumar and Ranjan Kumar, who had inflicted grievous injuries on the informant and his wife.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled qua the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of
4/4 anticipatory bail.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.553 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) kanchan/Saurav U T