Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43474 of 2025 Arising Out of PS. Case No.-156 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Ranjeet Kumar S/o Sital Sah R/o Village- Belwa Rai Pethiya Tola, Ward No. 7, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Turkauliya P.S. Case No. 156 of 2020 registered for the alleged offences under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

03. As per prosecution case, petitioner and other coaccused persons, who were variously armed, surrounded the informant and started abusing her. When the informant opposed their act, they assaulted her and she fell down. When the nephew of the informant came for her rescue, this petitioner gave a Gadasha blow on his head, causing a deep wound. Other family members of the informant also intervened and they were also

2/4 assaulted by the co-accused persons.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. Both the parties are agnates and there is land dispute between the parties and on the date of occurrence, the informant side was trying to take forceful possession over the share of the land of the petitioner and a free fight took place and both sides sustained injuries. Learned counsel further submits that prior to the present case, in the year 2019, the mother of the petitioner lodged an FIR, vide Turkauliya P.S. Case No. 277 of 2019, against the family members of the informant. Though the allegation against the petitioner is to give Gadasha blow on the nephew of the informant, the petitioner also received injuries, for which there is no explanation.

Even the injury report does not support the allegation against the petitioner as the injury on the nephew of the informant has been caused by hard and blunt object and not by sharp cutting weapon. Learned counsel further submits that the petitioner is having clean antecedent. The petitioner is in custody since 22.03.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and

3/4 submissions made on behalf of the parties and considering the absence of injury on the victim by any sharp cutting weapon and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, East Champaran, Motihari/court concerned in connection with Turkauliya P.S. Case No. 156 of 2020, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T

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