Ranjan Sah @ Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37401 of 2023 Arising Out of PS. Case No.-399 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Ranjan Sah @ Ranjan Kumar S/O Bindeshwari Sah R/O Village Banhaura Sota Tola, P.S., Jagdishpur O.P. (Nautan), Dist. West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta For the Opposite Party/s :
Mr. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code. As per allegation in the FIR, on account of land dispute petitioner along with 4-5 other accused persons armed with sticks, brick, stones etc. came to the house of the informant and started to abuse and assault. Accused Birendra Sah attacked Yamuna Sah on head by means of farsa as a result of which he fell down and thereafter petitioner and accused Malti Devi assaulted him with bricks. During treatment, Yamuna Sah succumbed to
Patna High Court CR. MISC. No.37401 of 2023(3) dt.23-08-2023 2/3 injuries.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegation has been levelled against the petitioner. Specific allegation of giving farsa blow is against accused Birendra Sah. The alleged occurrence took place at the spur of moment. The alleged occurrence took place on 9.10.2021 whereas the FIR was lodged after six days on 15.10.2023. There was no intention to commit murder of anyone. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 8.2.2023 passed in Cr. Misc. No. 32399 of 2022. Petitioner is languishing in judicial custody since 20.2.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
Patna High Court CR. MISC. No.37401 of 2023(3) dt.23-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned SDJM, West Champaran, Bettiah in connection with Nautan Jagdishpur O.P. P.S. Case No. 399 of 2021.
(Sunil Kumar Panwar, J) sushma/- U