Ranjit Singh @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47239 of 2022 Arising Out of PS. Case No.-92 Year-2019 Thana- FESHAR District- Aurangabad ====================================================== 1.
Ranjit Singh @ Ranjit Kumar Son Of Late Tej Narayan Singh. 2.
Ajit Singh @ Ajit Kumar Son Of Late Tej Narayan Singh. 3.
Anirudh Singh @ Anurudh Singh Son Of Late Shiv Sagar Singh. 4.
Arunish Singh @ Arunish Kumar Son Of Anirudh Singh R/O VillageBarwa, P.S.- Fesar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No.2, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and the learned APP for the State as also learned counsel for the informant.
The petitioners apprehend their arrest in connection with Fesar P.S. Case No.92 of 2019 instituted under Sections 341,323,307,504,379 and 34 of the Indian Penal Code. As per the prosecution story, the informant alleged that as he was returning after unloading sand from tractor, four accused persons stopped and started abusing his driver. When he protested, he was also assaulted. The further allegation is that not that, they chased him to his house and his family members including mother were also assaulted. In the process his mother suffered fractured in her arm inasmuch as there was X-ray
Patna High Court CR. MISC. No.47239 of 2022(2) dt.04-01-2023 2/3 report wherein revealed fracture of ulna and radius bone and the nature of injury was found by the doctor was grievous in nature. Learned counsel for the petitioners submit that earlier the police had filed charge sheet under bailable section and in that backdrop, the Anticipatory Bail Application No.77785 of 2019 was withdrawn on 29-11-2019. However, when the cognizance was taken amongst other under non-bailable sections and summons was issued on 21-08-2021, fresh steps were taken for anticipatory bail.
Learned counsel for the informant submits that so far as the petitioner no.2, Ajit Singh @ Ajit Kumar is concerned allegation against him is of attacking the mother of the informant causing fracture in his hand and the same was found to be grievous in nature.
Taking into account the injury that the lady suffered, this Court is not inclined to grant the privilege of anticipatory bail to petitioner no.2, Ajit Singh @ Ajit Kumar and the same is accordingly rejected.
So far as the other petitioners, namely Ranjit Singh @ Ranjit Kumar, Anirudh Singh @ Anurudh Singh and Arunish Singh @ Arunish Kumar through there are allegation of assault against them too, the injuries were found to be simple in nature
Patna High Court CR. MISC. No.47239 of 2022(2) dt.04-01-2023 3/3 and considering the aforesaid fact, this Court is inclined to grant them relief.
Let the petitioners, namely Ranjit Singh @ Ranjit Kumar, Anirudh Singh @ Anurudh Singh and Arunish Singh @ Arunish Kumar be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Fesar P.S. Case No.92 of 2019 to the satisfaction of learned Additional Chief Judicial Magistrate, IIIrd, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Further, if the petitioner no.2, Ajit Singh @ Ajit Kumar surrender within two weeks from today, the learned court shall decide his matter on the basis of materials available on record without being prejudiced by the observation made in this order.
(Rajiv Roy, J) Prakash Narayan /- U T