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Patna High CourtCR. MISC./49629/2024bail granted

Ravi Ranjan Kumar v. The State Of Bihar

2024-08-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49629 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

RAVI RANJAN KUMAR SON OF ARJUN THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 2.

ASHISH KUMAR SON OF SUDAMA THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 3.

AMIT KUMAR SON OF SUDAMA THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 4.

PANKAJ KUMAR SON OF HARENDRA THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 5.

RAHUL KUMAR SON OF SATRUDHAN THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 6.

BITTU KUMAR SON OF SATRUDHAN THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 7.

SATRUDHAN THAKUR SON OF RAM VILASH THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 8.

BITTU KUMAR SON OF LATE JAGRANATH THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 9.

SATYAM KUMAR SON OF LATE JAGRANATH THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 10.

BAIDNATH THAKUR SON OF GAJENDRA THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 11.

ANIL KUMAR SON OF HARENDRA THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 12.

HORIL THAKUR SON OF RAM VILASH THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR 13.

DHARMVEER RANJAN SON OF ARJUN THAKUR RESIDENT OF VILLAGE - MISHRAULIYA, P.S. - MOTIPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bipin Chandra For the Opposite Party/s :

Mr. Satyendra Narayan Singh ======================================================

Patna High Court CR. MISC. No.49629 of 2024(2) dt.21-08-2024 2/3 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Motipur Police Station Case No. 213 of 2023, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the First Information Report, on 06.07.2023, while the son of the informant was on his duty, then the petitioners along with other accused persons arrived there and co-accused Sudama Thakur assaulted Sujit Kumar by means of knife and Arjun Thakur assaulted the informant by means of iron rod. There is an allegation of assault against petitioners and other accused persons by lathi and danda upon the informant and others.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to political reasons inasmuch as father of petitioner no. 1 and 2 has won the election of Ward Commissioner of Ward No. 11 of Motipur Nagar Parishad which was being held by the informant for the last four terms. There is no specific allegation against the petitioners of assault and the same is against Prem Nath Thakur

Patna High Court CR. MISC. No.49629 of 2024(2) dt.21-08-2024 3/3 and other accused persons.

5. Learned counsel for the informant opposes the prayer for anticipatory bail and submits that the petitioners are named in the First Information Report and after the present occurrence petitioners and others have committed the similar nature of offence and co-accused Prem Nath Thakur alias Bhola Thakur assaulted Mukesh Kumar.

6. Having regard to the submissions made on behalf of the parties and taking into consideration that the allegations against the petitioners are general and omnibus in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- II, Muzaffarpur, in connection with Motipur Police Station Case No. 213 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T