Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28582 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ravi Ranjan Kumar Son of Ranjeet Ray Resident of village - Bejha Deeh, Ward No.- 2, P.S.- Muffasil, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No1 Mr. Anshu Dhar Sharma, Advocates For the Informant : Mr. Dilip Kr. Roy, Advocate For the State :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.
Petitioner seeks bail, who is in custody since 11.10.2022, in connection with Muffasil P.S. Case No. 49 of 2021, F.I.R. dated 27.01.2021 registered for the offences punishable under Sections 341, 323, 307, 302, 504 and 120B of the Indian Penal Code.
Allegation against the petitioner is of assaulting the deceased namely Ranjay Kumar by iron rod and khanti on his head due to which he died in course of treatment. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.28582 of 2023(3) dt.27-07-2023 2/3 implicated in the present case due to admitted previous land dispute between the parties. He further submits that from perusal of the F.I.R. it appears that there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that co-accused namely Sanjay Ray @ Sanjay Kumar Ray has been granted bail by a Coordinate Bench of this Court vide order dated 27.03.2023 passed in Cr. Misc. No. 72169 of 2022, another co-accused person namely Pawan Ray @ Pawan Kumar Ray has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 24.09.2021 passed in Cr. Misc. No. 42530 of 2021 respectively.
Learned counsel appearing on behalf of the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that it appears from the F.I.R. itself that the petitioner assaulted the deceased namely Ranjay Kumar with iron rod and there is specific and direct allegation against the petitioner and the postmortem report also supports the allegation as alleged in the F.I.R.
Considering the aforesaid facts that there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Muffasil P.S.
Patna High Court CR. MISC. No.28582 of 2023(3) dt.27-07-2023 3/3 Case No. 49 of 2021 pending in the Court of learned Additional District & Sessions Judge-X, Samastipur.
Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T