Ranjeet Kumar @ Guddu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29711 of 2024 Arising Out of PS. Case No.-181 Year-2021 Thana- SILAO District- Nalanda ====================================================== Ranjeet Kumar @ Guddu Mukhiya son of Late Badri Prasad Resident of Village- Chandaura, Panchayat Patharaura, P.O.- Meyar, P.S.- Chhabilapur, Dist.- Nalanda, Pin Code- 803116 ... ... Petitioner/s
Versus
The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Kaushal Kumar, Adv For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Silao P.S. Case No. 181 of 2021, lodged on 20.11.2021 under Sections 302, 120 (B) of the Indian Penal Code read with section 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against 7 named and 7-8 unknown accused persons with allegation that all the named accused persons in connivance with each other have make indiscriminate firing upon the husband of the informant due to which he died on the spot when he was returning to his house by his motorcycle. It has been
Patna High Court CR. MISC. No.29711 of 2024(2) dt.15-05-2024 2/3 alleged that six fired cartridges were recovered from the place of occurrence, it is also alleged that her nephew was killed earlier for which a criminal case was instituted against the petitioner and others in which her husband was a witness.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that there is general and omnibus allegation against the accused persons and there is nothing specific come against the present petitioner. Counsel also submits that the criminal antecedent of the petitioner is not clean and there are six criminal cases pending against him in which in three cases, he is on bail, in one case he is acquitted and in one case final form has been submitted. The petitioner is in custody since 03.08.2023 in the present case. Counsel further submits that other co-accused persons have been granted bail (annexed as Annexure 6 to 9). Charge has not been framed in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner in the commission of crime.
6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the
Patna High Court CR. MISC. No.29711 of 2024(2) dt.15-05-2024 3/3 petitioner in connection with Silao P.S. Case No. 181 of 2021, pending before the learned Judicial Magistrate 1st Class, Biharsharif is hereby rejected.
8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) Divyansh/- U T