Guddu Kumar @ Ranjeet Kumar @ Ranjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35106 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- SIGAUDI District- Patna ====================================================== Ajeet Kumar Son of Janeshwar Yadav Resident of village - Mohan Bigaha, P.S.- Sigaudi, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35636 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- SIGAUDI District- Patna ====================================================== Guddu Kumar @ Ranjeet Kumar @ Ranjeet Yadav Son of Janeshwar yadav Resident of Village - Mohan Bigaha, P.S.- Sigaudi, District - Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 35106 of 2022) For the Petitioner/s :
Mr. Parashuram Singh, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP.
(In CRIMINAL MISCELLANEOUS No. 35636 of 2022) For the Petitioner/s :
Mr. Parashuram Singh, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-02-2023 Both the criminal miscellaneous petitions have arisen out of the same police station case number, hence they are being heard together and disposed of by a common order. Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek regular bail in connection with
Patna High Court CR. MISC. No.35106 of 2022(5) dt.17-02-2023 2/3 Sigaudi P.S. Case No. 94 of 2020 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.
As per the prosecution, the informant alleged that the petitioners along with other accused persons arrived at his field and started abusing him and his father on the issue of 'aar' (boundary of the field). It is further alleged that the miscreants including both the petitioners assaulted the informant's father by means of lathi, owing to which the informant's father succumbed to his injuries.
The main submissions advanced by learned counsel Mr. Parashuram Singh appearing for both the petitioners are that in the FIR, there is no specific allegation against the petitioners and they have fair and clean antecedent and have been languishing in jail since 28.02.2022 and as per the prosecution's allegation, the accused persons including the petitioners did not use any fatal weapon in assaulting the father of the informant and a land dispute is stated to be the genesis of the alleged occurrence. Further submission is that two co-accused persons namely Anita Kumari @ Anita Devi and Shila Devi have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.01.2022 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.35106 of 2022(5) dt.17-02-2023 3/3 50671/2021 and one co-accused namely Kabita Devi has been granted bail by the Court below.
Learned APP Mr. Suresh Prasad Singh appearing for the State has opposed the bail prayer made by the petitioners. In view of the facts, as stated above and mainly considering the petitioners' custody period and the genesis of the occurrence and also the fact that in the FIR there is no specific allegation against the petitioners, in the opinion of this Court the petitioners deserve to a lenient approach of this Court. Accordingly, let both the petitioners named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sigaudi P.S. Case No. 94 of 2020.
(Shailendra Singh, J) annu/- U T