Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5836 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.
RAVI RANJAN KUMAR S/o RATNESH KUMAR RESIDENT OF VILLAGE- GOPALPUR CHAKNAI, P.S. BIDUPUR, DISTRICT VAISHALI AT HAJIPUR 2.
VIKRAM KUMAR ALIAS VIKKY KUMAR S/o RATNESH KUMAR RESIDENT OF VILLAGE- GOPALPUR CHAKNAI, P.S. BIDUPUR, DISTRICT VAISHALI AT HAJIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Choubey Jawahar, Adv.
For the Opposite Party/s :
Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 Heard the parties.
The petitioners apprehend their arrest in a case in connection with Bidupur P.S. Case No.152/2020, registered for the offence punishable under Sections 341, 323, 324, 307 of the Indian Penal Code and section 27 of the Arms Act. The prosecution case in brief is that on the alleged date of occurrence, one Sunny Kumar along with other accused persons, armed with weapons came inside the six lane, fired bullet and assaulted Rahul Kumar by means of pistol, due to which, he sustained injury near his eye and got cut injury on his hand. The miscreants snatched the gold chain and money from him. On alarm, the guard of L.N.T. Darbhanga rushed there and
Patna High Court CR. MISC. No.5836 of 2021(3) dt.06-12-2021 2/3 saw the petitioners and others armed with pistol and katta. The miscreants also assaulted the guard.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to previous grudge and local village politics. There is case and counter-case between the parties and no specific allegation of assault is leveled against the petitioners rather the allegations are general and omnibus in nature. The specific overt act is against one Sunny Kumar. The petitioners have one criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that the petitioners are involved in the present occurrence and there is ample evidence against them. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners named above.
Accordingly, the instant anticipatory bail application is dismissed.
However, the petitioners are directed to surrender before the learned court below within a period of four weeks from today and seek regular bail.
The learned court below is directed to consider and
Patna High Court CR. MISC. No.5836 of 2021(3) dt.06-12-2021 3/3 dispose of the case of the petitioners, on the same date, in accordance with the merits of the case without being prejudiced by the dismissal of the present application.
(Anjani Kumar Sharan, J) pallavi/- U T