Rahul Ranjan @ Dipu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35528 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -BARBIGHA DistrictSEKHPURA ===================================== Rahul Ranjan @ Dipu, S/o Ravi Singh @ Ravi Shankar Singh, R/o Village Sherpar, P.S. Barbigha in the District of Sheikhpura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Ms. Sahin Begam, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2018 This application for grant of regular bail arises out of Barbigha P.S. Case No. 606 of 2017, dated 12.12.2017, which was initially instituted for the offences under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code, but later with the death of the deceased (father of the informant), Section 302 of the Indian Penal Code was also added.
The petitioner is alleged to have assaulted the informant and his father leading to injuries to the father of the informant, who later died.
Patna High Court Cr.Misc. No.35528 of 2018 (3) dt.09-07-2018 2/3 Learned counsel for the petitioner has submitted that the manner in which the prosecution version has been narrated in the F.I.R., makes it very clear that the informant has not come with clean hands. In fact, there was a property dispute between the parties which had been existing for about one and half years. The informant had been staying in Delhi for sometime and had come back and had started ploughing the field, thereby disturbing the boundary which had been accepted by the parties. During negotiations between the parties, a scuffle took place, in which both sides resorted to physical attack. For the aforesaid occurrence which had taken place on the same day, i.e. 12.12.2017, the petitioner has also filed a case vide Barbigha P.S. Case No. 605 of 2017.
The allegation in the F.I.R. is general and omnibus and the act of assault has been alleged against other accused persons also. It has further been submitted on behalf of the petitioner that one of the similarly situated accused person, viz. Dhananjay Singh @ Dhananjay Kumar @ Thothi has been granted bail by a Bench of this Court vide order dated 23.05.2018, passed in Cr. Misc. No. 22905 of 2018. The petitioner is a student and is in custody since 20.02.2018.
Regard being had to the aforesaid facts the
Patna High Court Cr.Misc. No.35528 of 2018 (3) dt.09-07-2018 3/3 period of custody of the petitioner above named, he is directed to be released on bail on his furnishing bail-bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 606 of 2017.
(Ashutosh Kumar, J) Praveen-II/- U T