Amit Ranjan @ Bulu Kumar @Mani Bhushan Dangi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18659 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- HULASGANJ District- Jehanabad ====================================================== Amit Ranjan @ Bulu Kumar @ Mani Bhushan Dangi Son of Arvind Kumar Resident of Village- Dihuri, Ps- Hulasganj, Distt- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Hulasganj P.S. Case No. 237 of 2022 dated 17.10.2022, instituted for the offence punishable under Sections 341, 323, 325, 307, 354, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that there was some altercation between the parties with respect to land for which a complaint case has been filed before the Circle Officer. When the father of the informant was erecting wall over the disputed land, the petitioner along with co-accused assaulted the father of informant with Khanti, iron rod, Lathi and bricks, due to which father of the informant suffered cut injury on his forehead and whereas other accused persons have assaulted the informant and
Patna High Court CR. MISC. No. 18659 of 2023(2) dt.16-05-2023 2/3 other persons for which victims sustained injuries on their persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that due to land dispute, some altercation between the parties took place. Learned counsel for the petitioner submits that from the injury report, it appears that supplementary injury report of father of informant was stated to be simple in nature. As allegedly, the father of informant had one injury on his forehead which is not attributed specifically to the petitioner. Lastly, it has been submitted that the petitioner is in custody since 12.01.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in Hulasganj P.S. Case No. 237 of 2022, subject to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No. 18659 of 2023(2) dt.16-05-2023 3/3 fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U