Ranjit Kumar Ray @ Ranjit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44851 of 2022 Arising Out of PS. Case No.-869 Year-2021 Thana- GARKHA District- Saran ====================================================== Ranjit Kumar Ray @ Ranjit Rai Son of Lalbabu Ray Resident of Village - Mosaheb Tola, P.S.- Garkha, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Garkha P.S. Case no. 869 of 2021 instituted for the offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant was at his house, accused persons entered into his house and coaccused Ralu Rai caught hold of his collar and petitioner Ranjit Rai gave Daab blow on his neck as a result of which his pinna of left ear detached from his ear and fell down on the ground. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.44851 of 2022(2) dt.13-12-2022 2/2 offence. He has got no criminal antecedent. He has been falsely implicated in this case on the basis of false and concocted story. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of Bail and submitted that there is direct allegation of assault against the petitioner.

Having heard learned counsel for the parties and considering the fact that there is direct allegation of assault against the petitioner as a result of which informant has sustained grievous injury, I am not inclined to grant anticipatory bail to the petitioner. His application for bail stands rejected. However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U