Shashi Ranjan Kumar @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19278 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== 1.
Shashi Ranjan Kumar @ Alok Kumar S/o- Arun Kumar Yadav @ Nagina Rai @ Arun Kumar Rai Village- Bishanpur PS-Jandaha District- Vaishali 2.
Sunny Kumar S/o- Jimdar Rai Village- Bishanpur PS-Jandaha DistrictVaishali 3.
Ritesh Kumar S/o- Akhilesh Rai Village- Bishanpur PS-Jandaha DistrictVaishali 4.
Naresh Kumar Yadav @ Ram Naresh Kumar Yadav S/o- Late Ram Chandra Rai Village- Bishanpur PS-Jandaha District- Vaishali 5.
Abhay Ranjan Kumar S/o- Mithlesh Rai Village- Bishanpur PS-Jandaha District- Vaishali 6.
Ravi Ranjan Kumar S/o- Late Ram Babu Rai Village- Bishanpur PS-Jandaha District- Vaishali 7.
Rohit Kumar S/o- Mithlesh Rai Village- Bishanpur PS-Jandaha DistrictVaishali 8.
Jimdar Rai S/o- Late Ram Singar Rai Village- Bishanpur PS-Jandaha District- Vaishali 9.
Mano Ranjan Kumar S/o- Late Ram Babu Rai Village- Bishanpur PSJandaha District- Vaishali 10.
Akhilesh Kumar @ Akhilesh Rai S/o- Ram Sringar Rai Village- Bishanpur PS-Jandaha District- Vaishali 11.
Mithlesh Rai @ Mithlesh Kr. Yadav S/o- Late Ram Chandra Rai VillageBishanpur PS-Jandaha District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present criminal miscellaneous application has
2/4 been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Jandaha P.S. Case No. 423 of 2024, lodged on 14.11.2024, under Sections 166/126(2)/115(2) /118 /352 / 351(2) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 12 named accused persons including the present petitioners against whom there is an allegation that they have assaulted the informant side by lathi, iron rod and also by farsa due to which the injury had been caused. Allegation of snatching gold chain amounting to Rs.1,50,000/- is also alleged.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that from the FIR it becomes clear that date of occurrence is 10.11.2024 and the FIR has been lodged with a delay of four days i.e., on 14.11.2024. Counsel submits that the case in which the petitioners seek bail is Jandaha P.S. Case No.423 of 2024. He submits that the petitioners' side had filed criminal case for the same date and place of occurrence bearing Jandaha P.S. Case No.410 of 2024. Learned Counsel further submits that from the content of the FIR it becomes
3/4 crystal clear that the dispute has arisen due to land. He submits that the land belongs to the ancestor of the petitioners. He further submits that the said land was purchased by the informant side and the informant side was trying to cut the crop forcefully and in retaliation the dispute has occurred. He further submits that assault has been made from the informant side for which earlier case was lodged. He further submits that the present case has been filed by the informant side only with a view to save their skin from the earlier case filed by the petitioners. He further submits that the petitioner No.2, 3, 5, 6, 7 and 9 have not criminal antecedent; whereas petitioner Nos.1, 4, 8, 10 and 11 have one criminal antecedent. He submits that both are well known to each other and resident of the same village. He submits that at the spur of moment, the scuffling took place from both the sides and being the honest litigant the petitioners side had immediately rushed to the police station and lodged the FIR whereas the the present FIR had been lodged after a delay of four days.
5. Learned Counsel for the informant vehemently opposes the prayer for bail and submits that one of the accused was arrested and in his regular bail the coordinate Bench of this Court has called for the case diary vide order dated 19.03.2025
4/4 passed in Cr. Misc. No.13617 of 2025.
6. Learned Counsel for the State also opposes the prayer for bail but submits that there is case and counter case.
7. In the present facts and circumstances of this case, let the petitioners, above named, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 423 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T