Ranjay Singh @ Ranjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62153 of 2018 Arising Out of PS. Case No.-12 Year-2012 Thana- ARWAL District- Jehanabad ====================================================== Ranjay Singh @ Ranjay Kumar, Son of Basant Singh, Resident of VillagePhakharpur, Police Station- Arwal, District- Arwal. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amar Nath Deo, Adv.

For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2018 The matter is being taken out of turn on the prayer of learned counsel for the petitioner with the consent of learned APP.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 324 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as per the fardbeyan of Shashi Bhushan Singh, recorded by Kauleshwar Prasad, S.I. of Arwal Police Station on 10.01.2012 at 7 PM at P.H.C., Arwal is to the effect that on the same day at 5 PM, the informant was going from the Arwal market to his house and as soon as he reached near Middle School around 5.30 PM, three accused persons including the petitioner came on a motorcycle. In the meantime,

Patna High Court Cr.Misc. No.62153 of 2018(2) dt.08-10-2018 2/3 co-accused, Satyendra Yadav @ Chattan resorted to fire upon the informant, but it did not cause any injury to him and thereafter the petitioner resorted to fire which hit on the right temporal region of the informant causing injury. Learned counsel for the petitioner submits that though corresponding injury has been found but the same has been found to be superficial simple in nature, which does not suggest that the petitioner had any intention to kill the informant. On conclusion of investigation, the final form (chargesheet) has been submitted and petitioner has not been sent up for trial, but differing with the final form, cognizance has been taken against the petitioner also. Moreover, in the background of professional rivalry for obtaining the contract, the accusation has been levelled against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR with specific accusation. Considering the fact that on conclusion of investigation, the petitioner was not sent up for trial, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above

Patna High Court Cr.Misc. No.62153 of 2018(2) dt.08-10-2018 3/3 named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM, 1st Class, Arwal in connection with Arwal P.S. Case No. 12 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T