Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37693 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== RANJEET KUMAR SON OF RAM BUJHAWAN SINGH AYODHYA PAIGAMBARPUR, PS- TEGHRA, DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37951 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== 1.
MUNNA KUMAR SON OF RAM KUMAR SINGH AYODHYA PAIGAMBARPUR, PS- TEGHRA, DISTT- BEGUSARAI 2.
RAJA KUMAR SON OF ASHOK SINGH AYODHYA PAIGAMBARPUR, PS- TEGHRA, DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38027 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== GOLU KUMAR @ RAHUL KUMAR Son of Ashok Prasad Singh Resident of village - Ayodhya Paigambarpur, P.S. - Teghra, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37693 of 2023) For the Petitioner/s :
Mr.Randhir Kumar No.1, Adv.
For the Opposite Party/s :
Mr.Dinesh Singh, APP (In CRIMINAL MISCELLANEOUS No. 37951 of 2023) For the Petitioner/s :
Mr.Randhir Kumar No.1, Adv.
For the Opposite Party/s :
Mrs.Dr. Indiwar Kumari, APP (In CRIMINAL MISCELLANEOUS No. 38027 of 2023) For the Petitioner/s :
Mr.Randhir Kumar No.1, Adv.
Patna High Court CR. MISC. No.37693 of 2023(2) dt.31-07-2023 2/3 For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 As all the above three cases arise out of the same occurrence and same P.S. Case No., they are being taken up and heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APPs for the State.
3. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307/34 of the IPC and 27 of the Arms Act.
4. As per the prosecution case, one Amit Kumar along with others and five unknown persons armed with deadly weapons came at the house of the informant and argued to that the tractor will go to the village with illegal sand. Thereafter, Amit Kumar @ Lakhpati and Manish Kumar started firing indiscriminately and other accused persons were also firing from pistol. Thereafter, Amit Kumar fired upon the informant. It is alleged that the accused persons used to mine sand illegally and transport the same.
5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to
Patna High Court CR. MISC. No.37693 of 2023(2) dt.31-07-2023 3/3 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Petitioner Ranjeet Kumar is not named in the F.I.R. and his name transpired in this case during investigation. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific overt act is against other co-accused persons. Petitioners have no criminal antecedent except petitioner Golu Kumar @ Rahul Kumar, who has one criminal antecedent.
6. Learned APP for the State opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Teghra P.S. Case No.192 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T