Abhishek Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32147 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- KARPI District- Arwal ====================================================== Abhishek Ranjan Son of Santlal Yadav Village- karwahaukar (Wrongly Mentioned In FIR Rohai), Ps- Karpi, Dist- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Karpi P.S. Case No. 273 of 2024, dated 29.11.2024, lodged under Sections 192, 190, 115(2), 109, 132, 134, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, FIR has been lodged against ten named accused persons, including the present petitioner. According to the allegations, the informant was deployed at the Middle School, Khajuri, for duty during the PACS election. In the meantime, two persons came to the election booth, out of whom, one person was smoking and the other was having identity card of press. The informant asked him to smoke outside the election booth. After some time, both persons
Patna High Court CR. MISC. No.32147 of 2025(2) dt.15-05-2025 2/3 returned with a group of 40-50 persons and assaulted the informant.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the allegations made against the petitioner are general and omnibus in nature. Senior counsel submits that the petitioner is a candidate in the election and, therefore, his presence at the election booth was in accordance with the election rules. It is also submitted that the informant was subsequently suspended for his conduct, which is evident from Annexure-4.
5. Learned senior counsel further submits that the present case is false. He also submits that two similarly situated co-accused have already been granted bail by a co-ordinate Bench of this Court vide order dated 16.04.2025, passed in Cr. Misc. No. 19015 of 2025. It is further submitted that one aspect which may go against the petitioner is that there are nine criminal cases pending against him, however, all these cases arise out of political rivalry. Out of these, he has been acquitted in two cases, is on bail in six cases, and is pursuing bail in one remaining case. Senior counsel also submits that the petitioner is willing to comply with any condition that may be imposed upon
Patna High Court CR. MISC. No.32147 of 2025(2) dt.15-05-2025 3/3 him.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner does not have clean criminal antecedents, as nine criminal cases are pending against him.
7. After going through the case, it transpires that the petitioner is a political figure, and the cases appear to have been filed against him due to this reason.
8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Arwal, in connection with Karpi P.S. Case No. 273 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T