Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59594 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

Ranjan Kumar, aged about 20 years (Male), Son of Arvind Kumar, Resident of Village - Ishah Chak, P.S. Sakurabad, District - Jehanabad. 2.

Girjesh Kumar, aged about 21 years (Male), Son of Mukhdeo Kumar, Resident of Village - Ishah Chak, P.S. Sakurabad, District - Jehanabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioners and learned counsel for the State through Virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Sakurabad P.S. Case No. 140 of 2020 for the offence registered under Sections 341, 323, 307, 338 and 302/34 of the I.P.C.

The prosecution story, in brief, is that on 29.09.2020 at about 4.00 A.M. in the morning, the son of the informant, Md. Nasim, went to morning walk and during the course of walking,

Patna High Court CR. MISC. No.59594 of 2021(2) dt.01-04-2022 2/3 some miscreants brutally assaulted him and after that he came to his house and fell down and became unconscious. It is further alleged that the informant got knowledge about the occurrence by social media. Thereafter, the informant took him to Jehanabad for medical treatment and during the course of treatment, he died. It is further alleged that in this occurrence, co-accused Rajnish Kumar, Raju Kumar and some other boys of village of Chakya (Ishachak) are involved in the alleged commission of offence and they also snatched mobile of Md. Nasim during the alleged occurrence.

It has been submitted by learned counsel for the petitioners that they have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against them. They have falsely been implicated in the present case. The names of the petitioners have transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. Neither there is any eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the alleged occurrence.

On behalf of the State, it is submitted that the

Patna High Court CR. MISC. No.59594 of 2021(2) dt.01-04-2022 3/3 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Jehanabad, in connection with Sakurabad P.S. Case No. 140 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T