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Patna High CourtCR. MISC./12159/2018bail granted

Ranjeet Kumar @ Ranjeet Rai And ORS v. The State Of Bihar

2018-04-17Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12159 of 2018 Arising Out of PS. Case No.-291 Year-2017 Thana- MANER District- Patna ======================================================

1. Ranjeet Kumar @ Ranjeet Rai, S/o Rama Shankar Rai,

2. Kavi Kumar @ Kavi Rai S/o Rama Shankar Rai,

3. Rama Shankar Rai S/o Late Nirajan Rai @ Nirgun Rai @ Nirgun Singh, All R/o Village- Pubin Suar Marwa, P.S.- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandit For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-04-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Maner P.S.Case No. 291 of 2017 registered under Sections 302, 323, 324, 341, 504 and 506/34 of the Indian penal Code.

Allegation in brief is that Santosh Kumar assaulted the informant and when his sister came to rescue, Ranjeet Kumar assaulted her. Informant was also assaulted by accused persons as well as when his mother and Rohit Kumar came to rescue them, then she too was assaulted by the accused persons and later on Rohit Kumar succumbed to injury.

Submission is that there is general and omnibus allegation against all the petitioners, however, later on it transpires that

Patna High Court Cr.Misc. No.12159 of 2018(3) dt.17-04-2018 2/2 Santosh Kumar had assaulted Rohit Kumar with iron rod over his head that proved fatal. Further submission is that earlier case was lodged under Section 324 and other sections of penal code and the petitioners were granted bail, but later on, on account of death of Rohit Kumar, Section 302 IPC has been added. It is also submitted that there is single injury on the person of Rohit Kumar over the head.

Having considered the aforesaid facts and circumstances, as the injury caused on the head of the deceased is attributed to Santosh Kumar and not against these petitioners, so petitioners, namely , Ranjeet Kumar @ Ranjeet Rai, Kavi Kumar @ Kavi Rai and Rama Shankar Rai, are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Mr. Sandip Kumar, Judicial Magistrate, 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 291 of 2017. (Arun Kumar, J) sujit/- U T