Patna High CourtCR. MISC./45968/2024bail rejected

Ranjeet Kumar Sao @ Ranjeet Kumar @ Bugal Sao v. The State Of Bihar

2024-08-09Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45968 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Ranjeet Kumar Sao @ Ranjeet Kumar @ Bugal Sao S/O Late Jagdish Sao R/O Village-Natesar, P.S.-Neemchak Bathani, Distt-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Neemchak Bathani Police Station Case No. 175 of 2023 dated 23.09.2023, disclosing offences under Sections 341, 323, 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The anticipatory bail application of the petitioner was rejected by this Court in Cr. Misc. No. 12230 of 2024 vide order, dated 12.03.2024. Thereafter, the petitioner surrendered before the concerned Court and he is in custody since 03.05.2024.

4. As per the First Information Report, informant is the owner of the piece of land which was forcibly grabbed by

Patna High Court CR. MISC. No.45968 of 2024(2) dt.09-08-2024 2/3 the petitioner and other accused persons. On 22.09.2023, when the informant went upon the land and asked the petitioner to stop construction upon the subject land, in the meanwhile, the petitioner brought country-made pistol from his grocery shop and fired upon the informant due to which he sustained firearm injury on little finger of his hand.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 03.05.2024 and has falsely been implicated in this case on the basis of the allegation that the petitioner has grabbed the land of the informant but the fact of the matter is that the petitioner is the purchaser of the subject land from one Kanti Devi who is the cousin sister-in-law of the informant's grandmother. He further submits that the injury caused to the informant is simple in nature i.e., lacerated wound as per the opinion of the doctor.

6. On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner is having criminal antecedents and is a land grabber. The four cases of serious nature of offence have been lodged against the petitioner. The petitioner with muscle power has grabbed the land of the informant and has started constructing house upon it. The petitioner fired upon the

Patna High Court CR. MISC. No.45968 of 2024(2) dt.09-08-2024 3/3 informant from an unlicensed pistol.

7. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner is having four criminal antecedents and he has fired upon the informant by illegal firearm, I am not inclined to grant regular bail to the petitioner. The same is rejected.

8. However, the petitioner may renew his prayer for bail after six months of custody if the trial does not show progress.

(Anil Kumar Sinha, J) HarshPandey/- U T