Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36086 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== RANJAN KUMAR, S/O NAGENDRA RAM R/O VILLAGE - BHAGWANPUR, WARD NO. - 10, PS - BHAGWANPUR, DISTRICT - VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-04-2021 Heard Mr. Manish Chandra Gandhi, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur P. S. Case No. 99 of 2020, dated 05.05.2020, instituted for the offences under Sections 147, 148, 149, 323, 341, 342, 307, 353, 332, 333, 504, 188, 269 and 270 of the Indian Penal Code and Section 27 of the Arms Act, 1959. It has been alleged in the F.I.R. that when the police party went to rescue four persons who had been
Patna High Court CR. MISC. No.36086 of 2020(2) dt.07-04-2021 2/3 detained by the accused persons, they suffered brickbats at the hands of the accused persons including the petitioner.
The petitioner is specifically alleged to have sprinkled kerosene oil on the police vehicle. Some of the police personnel have also allegedly received injuries. The learned counsel for the petitioner has submitted that with respect to the same occurrence, another F.I.R. was lodged in which similar allegation has been levelled against the petitioner. In that case, the petitioner has been granted bail by the court below. Apart from this, it has been submitted that there are other accused persons of this case, who have been granted anticipatory bail by different Benches of this Court on the ground of there not being any specific accusation against them.
The learned counsel for the petitioner further impressed upon this Court that there was a dispute between the family and the police was trying to help the
Patna High Court CR. MISC. No.36086 of 2020(2) dt.07-04-2021 3/3 family of Baiju Ram and therefore the petitioner has been intentionally made accused in this case. In any view of the matter, considering the specific accusation against the petitioner, I am not inclined to grant anticipatory bail to him.
The prayer for anticipatory bail is rejected. However, in case the petitioner surrenders before the court below and seeks bail, the court below shall take into account the fact that there had been dispute between two families and that many of the accused persons of this case have been granted anticipatory bail and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U T