Rakesh Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31476 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- NARAINPUR District- Bhojpur ====================================================== Rakesh Ranjan Singh S/O Rajendra Prasad Singh R/O Village- Dhobari, P.SNarayanpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 19.03.2023, in connection with Narayanpur P.S. Case No. 32 of 2023, F.I.R. dated 18.03.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he fired upon the informant and the informant sustained injured in his thigh.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case due to admitted land dispute between the parties and there is case and counter case between

Patna High Court CR. MISC. No.31476 of 2023(3) dt.26-07-2023 2/3 the parties and both sides have sustained injured. He further submits that as per F.I.R, the allegation against the petitioner that he has fired upon the informant and the informant has sustained injury in his thigh. Learned counsel for the petitioner further submits that due to admitted land dispute the present occurrence had taken place and there is direct allegation against the petitioner that he has fired upon the informant and the informant has sustained injured in his thigh which is not vital part of the body of the person but the injury report of the informant suggests that the injury is simple in nature. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 19.03.2023.

5. The learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has fired upon the informant.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIth, Bhojpur Ara in connection with Narayanpur P.S. Case No. 32 of 2023, subject to the following conditions :-

Patna High Court CR. MISC. No.31476 of 2023(3) dt.26-07-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T