Randhir Kumar @ Randhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37408 of 2023 Arising Out of PS. Case No.-585 Year-2022 Thana- NARHATT District- Nawada ====================================================== 1.

Randhir Kumar @ Randhir Singh S/O Late Paras Singh R/O VillageKhanwan, P.S- Narhat, Distt.- Nawada. 2.

Rauki Kumar @ Ganesh S/O Randhir Kumar @ Randhir Singh R/O VillageKhanwan, P.S- Narhat, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46257 of 2023 Arising Out of PS. Case No.-585 Year-2022 Thana- NARHATT District- Nawada ====================================================== Ranjeet Singh S/O Late Paras Singh R/O Village- Khanwan, Ps. Narhat, Dist. Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 37408 of 2023) For the Petitioner/s :

Mr. Rabindra Kumar Tiwary Mr. Dinkar Kumar For the Opposite Party/s :

Mr.Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 46257 of 2023) For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.37408 of 2023(2) dt.31-07-2023 2/3

3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 307, 504, 506/34 of the Indian Penal Code.

4. Petitioners are said to have assaulted the informant by means of gandasa and khanti as a result of which he received injury.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is no specific overt act against the petitioners. He submits that the injury found upon the victim is simple in nature. He further submits that petitioners of Cr. Misc. No. 37408 of 2023 have no criminal antecedent and petitioner of Cr. Misc. No. 46257 of 2023 has one criminal antecedent as stated in para-3 of this application.

6. Learned APP for the State opposing the prayer for bail submits the petitioners Randhir Singh and Rauki Kumar assaulted the wife of the informant by means of rod due to which she got injury on her head and face.

7. Considering the facts and circumstances of the case and the fact that there is no specific overt act against

Patna High Court CR. MISC. No.37408 of 2023(2) dt.31-07-2023 3/3 Ranjeet Singh, let the above named petitioner, namely, Ranjeet Singh in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Narhat P.S. Case No. 585 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. So far as petitioners, namely, Randhir Singh and Rauki Kumar are concerned, there is specific overt act against them, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with the aforesaid case.

(Anjani Kumar Sharan, J) devendra/- U T