Rajeev Ranjan @ Rajiv Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17414 of 2020 Arising Out of PS. Case No.-202 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== RAJEEV RANJAN @ RAJIV RANJAN Son of Shivaji Rai @ Shivjee Ray Resident of Village - Wasarpur, Chhatauni, Ward No. 14, P.S. - Tariyani, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Adv For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner and Mr. Yogendra Kumar, learned A.P.P. for the State. Petitioner, in the present case, is seeking pre-arrest bail in connection with Tariyani P.S. Case No. 202/2019 registered for the offence under Sections 307, 323, 324, 341, 379, 504, 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that present case has been lodged 23 days after the alleged occurrence and it is only by way of counter blast to the case lodged by this petitioner against the informant side being Tariyani P.S. Case No. 190/2019. It is submitted that the genesis of the dispute is a piece of land which has been purchased by mother of this petitioner from the father of the informant. The informant is not
Patna High Court CR. MISC. No.17414 of 2020(3) dt.08-09-2020 2/3 reconciling himself from the sale of the land and is indulged in filing the frivolous cases.
Learned A.P.P. for the State has though opposed the prayer for anticipatory bail of the petitioner, however on going through the case diary particularly the injury report it is not denied that the injury report does not support the manner of occurrence as alleged. The doctors have opined that a cut scar mark on the left knee was found but the same is simple in nature and caused by no any evident substance as physical assault sign not found.
Having regard to the facts and circumstances of the case, the material present in the case diary and the injury report not corroborating the case of the informant of physical assault, let the petitioner above-named in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No. 202 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself
Patna High Court CR. MISC. No.17414 of 2020(3) dt.08-09-2020 3/3 available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.