Ranjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45112 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Ranjeet Rai, Son of Bhola Rai, Resident of Village- Narharipur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 01.07.2016 in connection with Bhagwanpur P.S. Case No. 40 of 2016 registered for the offence punishable under Sections 341, 323, 307 and 379/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that on 01.03.2016 at about 4:00 P.M. while he was irrigating his field, petitioner and one Rajnish Rai came there and told him to accompany them to Harichak where their friend resides. Informant went with the accused persons and when they reached near Bhelwa Bahiyar, on the order of

Patna High Court Cr.Misc. No.45112 of 2016 (4) dt.21-12-2016 2/3 accused Rajnish, petitioner gave knife blow on the neck of the informant. Accused persons also snatched his mobile worth Rs. 1800/- and Rs. 1200/- cash and fled away. It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has been falsely implicated in the aforesaid case. He further submits that the injury, as per the injury report, Annexure-2 to the supplementary affidavit, has been found to be simple in nature, except, injury No.1 for which informant has not undertaken X-ray, as is evident from paragraphs 45 and 46 of the case diary. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted and injury report does not specify any grievous injury, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to

Patna High Court Cr.Misc. No.45112 of 2016 (4) dt.21-12-2016 3/3 the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 40 of 2016.

(Nilu Agrawal, J.) Arjun/- U T