Ranjeet Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36605 of 2020 Arising Out of PS. Case No.-380 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Ranjeet Rajvanshi Son of Sahdeo Rajvanshi, Resident of Village- Pirauta, P.S.- Sirdala, District.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2021 Heard the learned counsel for the petitioner and Smt. Nirmala Kumari, the learned APP for the State. The petitioner seeks regular bail in connection with Sirdala P.S. Case No. 380 of 2019, registered for the offence punishable under Sections 147, 148, 149, 302, 326 and 504 of the Indian Penal.

The allegation is regarding the accused persons having assaulted the deceased, son of the informant, with deadly weapon and axe.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 09.09.2019. The learned counsel for the petitioner has further submitted that a general and omnibus allegation of

Patna High Court CR. MISC. No.36605 of 2020(4) dt.23-03-2021 2/3 assault has been levelled against the petitioner and a bare perusal of the FIR would show that there is no allegation of any sort of specific overt act qua the petitioner herein. Per contra, Smt. Nirmala Kumari, the learned A.P.P. for the State has vehemently opposed the prayer for bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties as also taking into account the materials available on records as also those available in the case diary, this Court finds that miniscule evidence is available in the case diary so as to connect the petitioner with the alleged crime and moreover, a general and omnibus allegation has been levelled against all the accused persons and as far as the petitioner is concerned, no specific allegation of any sort of overt act has been alleged, apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since long, hence, this Court deems it fit and proper to direct for release of the petitioner on bail. Accordingly, the petitioner, above -named, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Nawada, in connection with Sirdala P.S.

Patna High Court CR. MISC. No.36605 of 2020(4) dt.23-03-2021 3/3 Case No. 380 of 2019 (Mohit Kumar Shah, J) Tiwary/- U T