Navneet Kumar @ Navneet Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48179 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- BIKRAM District- Patna ====================================================== NAVNEET KUMAR @ NAVNEET RANJAN, Son of Shambhu Yadav, Resident of Village-Naghar, Police Station-Bikram, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Bikram P.S. Case No. 29 of 2022 dated 23.01.2022 registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that as per allegation levelled in the FIR, this petitioner inflicted a rod blow at the chest of the informant's father, who later on died, but as per the postmortem report of the deceased, any injury on his body, deformity to any part of his body, fracture or dislocation of any bone have not been found by
Patna High Court CR. MISC. No.48179 of 2023(2) dt.03-08-2023 2/3 the doctor concerned and the investigation has been completed against the petitioner and this petitioner and co-accused persons have been chargesheeted under Section 304 of I.P.C. and coaccused Shambhu Yadav against him there is specific allegation, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 52210 of 2022. Further submissions are that the FIR clearly goes to show that the alleged offence was not pre-planned and the same took place in the spur of moment while measuring the disputed land. Further submissions are that the petitioner has been languishing in jail since 26.04.2023 having fair and clean antecedent.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly taking into account the nature of allegation appearing against this petitioner as well as the genesis of the occurrence and the findings given by the medical expert in the postmortem report regarding the injuries on the body of the deceased and also, taking into account the completion of investigation against this petitioner, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
Patna High Court CR. MISC. No.48179 of 2023(2) dt.03-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bikram P.S. Case No. 29 of 2022.
(Shailendra Singh, J.) Maynaz/- U T