Ranjan Singh @ Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32937 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ranjan Singh @ Ranjan Kumar S/o Krishna Singh R/o Village- Sarawe Tola Mathia, P.S.- Siwan Mufassil, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey, Advocate For the State :
Mr.Anant Kumar 1, APP For the Informant :
Ms.Riya Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Siwan Mufassil P.S. Case No. 82 of 2025 registered for the offences under Sections 126(2)/ 115(2)/ 117(2)/ 109/ 103(1)/ 352/ 3(5) of B.N.S.
3. As per the prosecution case, the informant has alleged that after immersion of goddess Saraswati, the named accused persons including the petitioner along with 35-40 unknown persons armed with lathi, danda, rod etc. restrained them and started assaulting them. It is further alleged that coaccused Balister Sah assaulted on the head of the informant's father with iron rod due to which he died on the spot and
2/4 thereafter, all the accused persons assaulted the informant, his full brother, his grandfather and cousin brother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that there is general and omnibus allegation against the petitioner to have assaulted the informant and others. It is next submitted that there is specific allegation upon one Balister Sah and it is evident from the perusal of the post-mortem report of the deceased that there was one lacerated wound present on occipital region while there was bruise present on the left flank and one lacerated wound on the toe. Learned counsel further submits that from perusal of the injury report, it is evident that the same has been attributed to Balister Sah while the allegations against the petitioner and others of assaulting the informant and others is not supported by any injury report which could be found during the course of investigation. It is lastly submitted that similarly situated other accused persons have been granted regular bail by a Co-ordinate Bench of this Court. Petitioner has no criminal antecedent.
5. Learned counsel for the informant as well as learned APP for the State have jointly opposed the prayer for anticipatory bail and stated that there is allegation upon the
3/4 petitioner to have also assaulted the deceased as well as the other members of prosecution side. It is further submitted that there were ample injuries found on the body of the deceased which goes on to show that the petitioner was among the persons who was instrumental in causing injury to the deceased and, therefore, he should not be granted privilege of anticipatory bail.
6. Considering the facts and circumstances of the case, the submissions advanced on behalf of the parties and also taking into account the fact that there is no specific allegation of assault against the petitioner, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Siwan Mufassil P.S. Case No. 82 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
4/4 (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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 antecedent, 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.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T