Rajnish Kumar @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35919 of 2023 Arising Out of PS. Case No.-358 Year-2020 Thana- PALIGANJ District- Patna ====================================================== Rajnish Kumar @ Ranjit Kumar S/O Sri Jai Sri Sharma @ Jay Sri Sharma @ Jai Shari Sharma @ Sri Jai Sri R/O Village- Bharbhesar, P.S- Paliganj, Distt.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Paliganj P.S. Case No. 358 of 2020 dated 26.10.2020 instituted for the offence punishable under Sections 341, 323, 504, 506, 307, 34 of the Indian Penal Code.

3. As per allegation on 26.10.2020 at about 07:00 am, the petitioner along with other co-accused assaulted the informant with Padhari, Khanti and lathi, due to which the informant sustained injuries on head and body. It is also alleged that the accused persons also threatened the informant to kill him. It is alleged that on earlier occasion also, prior to this incident, all accused persons have assaulted his family

Patna High Court CR. MISC. No.35919 of 2023(2) dt.21-07-2023 2/3 members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioner. Learned counsel for the petitioner submits that the petitioner had lodged an F.I.R. against the informant bearing P.S. Case No. 234 of 2019 under Section 328, 302/34 of the Indian Penal Code. The informant and other accused persons had committed the murder of the uncle of the petitioner and present case lodged against the petitioner is only to make pressure to compromise the P.S. case no. 234 of 2019. Learned counsel for the petitioner submits that similarly situated coaccused, namely, Om Prakash @ Om Prakash Kumar and Jay Sri Sharma @ Jaishari Sharma @ Sri Jai Sri Sharma @ Sri Jai Sri have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.07.2022 passed in Criminal Miscellaneous No. 63274 of 2021. Lastly, it has been submitted that he has two criminal cases.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.35919 of 2023(2) dt.21-07-2023 3/3 the event of arrest / surrender of the petitioner in connection with Paliganj P.S. Case No. 358 of 2020, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Danapur (Patna) subject to condition as laid down under Section 438(2) of the Criminal Procedure Code.

(Khatim Reza, J) premchand/- U T