Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50156 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== RANJEET KUMAR Son of Sikandar Tanti Resident of Village - Kaith, P.S.- Nimachandpura, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Informant :

Mr. Sabal Kumar Jah, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Nimachandpura P.S. Case No. 36 of 2020 instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2021, is a person with clean antecedent and charge-sheet has been submitted. The allegation is of assault by iron rod on the head of the informant causing injury by the petitioner and one more co-

Patna High Court CR. MISC. No.50156 of 2021(2) dt.01-02-2022 2/3 accused and thereafter the informant became unconscious and when he regained consciousness he found himself in the nursing home.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the date of occurrence is 23.05.2020 and the fardbeyan was recorded on 25.05.2020 and the FIR was registered on 03.06.2020. Learned counsel further submits that from perusal of the FIR, it would manifest that the informant and the petitioner were known and it seems that on account of some joke the occurrence took place. Learned counsel next submits that the injuries have been found to be grievous. Learned counsel also submits that even presuming what has been alleged to be true in the FIR then without admitting the same, it is submitted that the petitioner is a young boy of 23 years of age and it is his first offence, if the petitioner is allowed to remain in custody the effect of being in jail may not be fruitful for his future life and the petitioner has realized the consequences of his action.

Learned counsel for the informant opposes the bail application and submits that allegation is of assault on the head of the informant by two accused including the petitioner and the

Patna High Court CR. MISC. No.50156 of 2021(2) dt.01-02-2022 3/3 injuries have been found to be grievous.

Learned A.P.P. for the State also opposes the prayer for regular bail.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and is a young boy and it is his first offence, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Begusarai in connection with Nimachandpura P.S. Case No. 36 of 2020, subject to the condition that one of the bailors shall be the father of the petitioner, namely, Sikandar Tanti and in future if the petitioner is implicated in a case of similar nature, the learned court below will be at liberty to cancel his bail bond.

(Satyavrat Verma, J) Kundan/- U T