Rupesh Kumar @ Ranjan Yadav @ Rupesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40289 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- BHARGAMA District- Araria ====================================================== Rupesh Kumar @ Ranjan Yadav @ Rupesh Yadav S/o Jaleshwar Yadav R/o Raghunadhpur Uttar, P.S. - Bhargama, Distt. - Arariya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pintu Kumar Patel For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner is apprehending arrest in a case registered on 16.07.2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against 17 named accused and 7-8 unknown accused persons including the petitioner alleging therein that all the accused persons variously armed came to the agricultural field of the informant and started assaulting the informant and others. It is specifically alleged against this petitioner that he made fire on Vikash Kumar causing bullet injury on his hand.
Patna High Court CR. MISC. No.40289 of 2024(2) dt.10-07-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, no such occurrence took place, but in the background of an earlier land dispute, the present case has been lodged with frivolous allegations. Moreover, there is case and counter case between the parties as the petitioner side filed a complaint case bearing Complaint Case NO. 1635-C of 2023. The antecedent of the petitioner is clean but due to dirty village politics, he has been implicated falsely in the present case. He further submits that some of the co-accused have been granted bail by a coordinate Bench of this Court vide order date 02.04.2024 passed in Criminal Miscellaneous No. 16862 of 2024 and Criminal Miscellaneous No. 20663 of 2024. He further submits that the accusation levelled against the petitioner to have caused fire arm injury on the hand of Vikas Kumar is not supported by the injury report.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Learned counsel for the informant opposes the prayer for bail of the petitioner and submits that there is a specific allegation against the petitioner that he caused gun-shot injury on Vikash Kumar.
Patna High Court CR. MISC. No.40289 of 2024(2) dt.10-07-2024 3/3
7. In the aforesaid background, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Bhargama P.S. Case No. 190 of 2023, pending before the learned Judicial Magistrate, 1st Class, Araria is hereby rejected. (Dr. Anshuman, J) Ashwini/- U T