Ranjit Choudhary @ Ranjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60042 of 2023 Arising Out of PS. Case No.-75 Year-2020 Thana- BANGAWON District- Saharsa ====================================================== Ranjit Choudhary @ Ranjit Chaudhary Son of Shatrughan Choudhary @ Shatrughan Prasad Choudhary, Resident of Village - Murli, P.S. - Bangaon, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023 1.

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

2.

The petitioner apprehends his arrest in connection with Bangaon P.S. Case No. 75 of 2020 dated 05.10.2020, registered for the offences punishable under Sections 302, 201 and 120(B)/34 of Indian Penal Code.

3.

The main submissions advanced by learned counsel for the petitioner are that after the completion of investigation, the police submitted police report under Sections 304(A), 279, 337 read with Section 34 of IPC against the petitioner and others and as the alleged offences of the final report are bailable, hence, the petitioner was released on bail, in fact, the petitioner and the deceased were riding on a motorcycle and they met with an accident which resulted in injuries to both and in this regard, a photograph of the petitioner has been filed and during investigation, the petitioner was taken into custody from the

Patna High Court CR. MISC. No.60042 of 2023(2) dt.11-10-2023 2/2 hospital where he was undergoing treatment but the concerned magistrate disbelieving the story of the police took the cognizance of the offences punishable under Sections 302, 201, 120(B) and 34 of IPC in mechanical manner mainly considering the investigating official's conduct to be highly suspicious but in respect of the alleged offences of which the cognizance has been taken, there is no any evidence.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions this Court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail in connection with Bangaon P.S. Case No. 75 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Shahnawaz/- U T