Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30863 of 2024 Arising Out of PS. Case No.-822 Year-2023 Thana- FATUA District- Patna ====================================================== Ranjan Kumar Son of Late Surendra Singh @ Surendra Prasad Sinha R/o village - Budhuchak, P.S.- Fatuha, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2024 Heard Mr. Arvind Kumar, learned Counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 822 of 2023 for the offence registered under sections 341, 323, 307, 379 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 07.11.2023 by the informant, Saroj Devi.
3. As per the prosecution story, the informant alleged that the accused persons came and started abusing. Further, Baiju Yadav opened fire which however did not hit the informant. Later, all of them assaulted and this petitioner took away the mangalsutra. While escaping, this petitioner fall on the ground, sustained injury. Accordingly, the F.I.R.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.30863 of 2024(2) dt.21-05-2024 2/3 there is a case and counter case and contrary to the statement actually he was assaulted which caused injury, the case of the petitioner being earlier one. Further, he do not have criminal antecedent.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that though omnibus in nature, the allegation of assault and snatching of chain is against the petitioner.
6. Taking into account the aforesaid facts as also the case and counter case, the petitioner do not have criminal antecedent, the allegation is omnibus in nature, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, Patna in connection with Fatuha P.S. Case No. 822 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official
Patna High Court CR. MISC. No.30863 of 2024(2) dt.21-05-2024 3/3 document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T